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(영문) 서울중앙지방법원 2014.07.15 2014고단2307
근로기준법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the company in Gwanak-gu in Seoul Special Metropolitan City and is the employer who operates the early construction business using 52 full-time workers, and the employer shall pay wages, retirement allowances, and all other money and valuables within 14 days from the time when the cause for such payment occurred.

Nevertheless, the Defendant is working in the above workplace from January 11, 2013 to March 27, 2013.

The wages of 1,982,800 won of retired workers D were not paid without an extension agreement between the parties on the date of payment, and the total amount of 39,146,840 won of the wages of 20 workers was not paid within 14 days from the time when the cause for payment occurred without an extension agreement between the parties on the date of payment, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. To apply Acts and subordinate statutes on the confirmation of the details of arrears and the output report, and the payment record of daily labor expenses;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

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

1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act are the amount of overdue wages of this case, the number of employees in arrears, and other factors such as the defendant’s age, character and conduct, environment and conditions of sentencing under Article 51 of the Criminal Act, and the punishment is determined like the order.

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