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(영문) 수원지방법원 2015.06.11 2015고단697
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the management committee in the third floor of the building in Songpa-gu Seoul Metropolitan Government, who conducts construction business with ten full-time workers.

The Defendant did not pay the wages of KRW 3,084,00 from August 28, 2013 to September 16, 2014 of G, which had worked at the construction site of G from October 28, 2013 to September 16, 2014; KRW 4,626,00,000, monthly wages of KRW 1,542,000 for September 2014; and KRW 3,084,00, monthly wages of KRW 3,084,00 for August 7, 2014; and KRW 3,084,00,000 for monthly wages of KRW 3,084,00 for September 9, 2014; and KRW 168,000, total amount of KRW 10,794,000 for retirement without agreement between the parties concerned on the extension of the payment period within 14 days.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. The part concerning the statement made by H and G among the police statements made by HGC

1. Statement of the police officer to I;

1. Application of the Acts and subordinate statutes of H and G of each petition;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is the representative of the Songpa-gu Seoul Metropolitan Government Dispute Resolution E in the three-story buildings, who carries on construction business with ten full-time workers.

The Defendant did not pay KRW 3,50,000 monthly wage of August 1, 2014, monthly wage of KRW 3,500,000, monthly wage of September 2014, monthly wage of KRW 1,16,666, monthly wage of KRW 1,166, and monthly wage of KRW 8,166,66, as of October 2014, within 14 without any agreement between the parties on the extension of the due date for payment.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. The defendant submitted them.

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