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(영문) 서울중앙지방법원 2013.08.30 2013고정3291
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative director of C in Gangnam-gu Seoul Metropolitan Government, who employs eight full-time workers and operates a construction business.

The Defendant is working in the company from October 4, 2012 to December 31, 2012.

A retired employee D’s wage of KRW 3,070,610 for December 2012 and labor in the said company from September 2, 2012 to December 20, 2012.

A retired worker E’s total of KRW 6,252,01,00, including the wages of KRW 3,181,400 for December 2012, did not pay KRW 6,252,010 within 14 days from the time when the grounds for payment arose without any agreement between the parties on the extension of the payment

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing statements made by the police in relation to D and E;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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