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(영문) 서울남부지방법원 2014.04.24 2013고정3446
근로기준법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the user who operates D in Geumcheon-gu Seoul Metropolitan Government D.

From August 6, 2008 to September 25, 2008, the Defendant did not pay 2 million won of wages E of workers E, F wage of 1.6 million won, G wage of 1.6 million won, and 1.6 million won of wages of G within 14 days from the date of each retirement without agreement on extension of the due date with each worker.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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;

1. Article 186(1) of the Criminal Procedure Act bearing the cost of litigation = KRW 267,00 for the witness of 30,00,000 for the attorney-at-law's fee of KRW 267,00 for the witness of KRW 55,00 for the witness of KRW 50,00 for the witness of KRW 50,00 for the witness of KRW 50,000 for the witness of KRW 53,000 for the witness of KRW 53,000 for the witness of KRW 50,00 for the day (= KRW 50,000 for the travel expenses of KRW 3,00 for the witness of KRW 50,00 for the daily day). The defendant's assertion that the witness's name and defense counsel of KRW 53,00 for the above 50,00 for the witness of KRW 3,00 for the above 50,00 for the day is not accepted. However, the defendant's assertion that the witness's name and defense counsel changed.

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