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(영문) 서울남부지방법원 2016.08.17 2016고정590
근로기준법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a representative of D (main) in Yeongdeungpo-gu Seoul Metropolitan Government, who employs 108 full-time workers and operates a service business (repair of household appliances) as a representative of D (main) in Yeongdeungpo-gu, Seoul Metropolitan Government.

Wages shall be paid in full directly to workers at least once a month on a fixed date.

Nevertheless, the Defendant, from around December 22, 2007 to July 31, 2014, did not pay KRW 1,091,304 of workers E working at the said workplace as of July 7, 2014 to July 31, 2014, and did not pay KRW 1,091,304 to August 10, 2014, 18 workers as of July 7, 2014 to July 31, 2014; and did not pay KRW 21,092,956 to July 10, 2014 to August 10, 208, 2014, 10.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement of complainants with respect to E, E, F, and G;

1. Each criminal complaint (two pages of investigation records, three pages), a petition (two pages of investigation records), a criminal complaint (two pages of investigation records), or a criminal complaint (two pages of investigation records);

1. Application of statutes on delayed payment of wages, August 2014;

1. Article 109 (1) and Article 43 of the Act on the Standard Labor Standards for Criminal Fact-finding and the Selection of a fine;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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