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(영문) 청주지방법원 제천지원 2012.10.11 2012고정74
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative of a single-income C Co., Ltd. who engages in transportation business using 44 regular workers.

An employer shall pay workers wages in full directly to them at least once a month on a fixed date, and the employer and workers shall not violate matters concerning wages, etc. from among the contents of a collective agreement concluded with both parties written out and sealed.

Nevertheless, the Defendant violated the collective agreement (wages agreement) on August 5, 2010, the total amount of KRW 111,937, including the basic wage of KRW 33,600 on August 5, 2010, with respect to D, which had been employed by the said company from March 1, 1994 to the present date, and did not pay the total of KRW 1,034,096 to eight workers, as indicated in the list of crimes in the attached Table, as well as the total of KRW 1,034,096 on September 10, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. A written petition;

1. Application of the detailed statement of salary between July and August 2010, the dispatch table of August 2010, the time record by the garage during the dispute period, the wage payment ledger for August 2010, the wage agreement document, and employment rules and regulations

1. Articles 109, 43 (1) and (2) of the Labor Standards Act (which means the payment of wages) and subparagraph 2 (a) of Article 92 of the Adjustment of Labor Relations Act (which violates the matters concerning wages of a collective agreement) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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 defendant and his defense counsel in determining the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order are wages on the day when only 13 hours a day work for a part of the bus industry and the substitute has been placed.

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