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(영문) 의정부지방법원 2013.05.16 2012고정2748
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The defendant, as the representative of Scheon-si B, is an employer who runs a manufacturing business using eight full-time workers.

The Defendant did not pay 3,600,000 won, in total, to two workers, including C’s wage of 900,000,000 monthly wage for June 2, 2011 from March 3, 2011 to July 2, 2011; and D’s wage of 90,000,000 monthly wage for July 3, 2011 from March 3, 2011 to September 2, 2011; and the wage of 1,80,00,000,000 won for August 201, 201, respectively, within 14 days from the date of retirement from the date of the occurrence of the cause for payment without an agreement on the extension of the payment between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to C and D

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act for the order of provisional payment under Article 334(1) of the same Act is to be determined as per the order, taking into consideration the fact that, after the prosecution of the instant case, the Defendant was instituted, the amount of three million won out of 3.6 million won in overdue wages was distributed to the instant workers on March 12, 2013 in the distribution procedure of the F real estate auction case with respect to the E-fishing ground of 3,161 square meters

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