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(영문) 대구지방법원 서부지원 2012.05.11 2012고단94
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 of the Seo-gu E company in Daegu and is an employer who conducts machinery manufacturing business using six regular workers.

The Defendant had worked in the above E from March 21, 201 to April 21, 2011, and had not paid the total of KRW 2,700,000 in March 201, and April 201, 201, to KRW 2,700,000 in April 201, as well as KRW 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of F’s authentic statutes;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

1. Articles 70 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 defendant as the representative of the Daegu-gu E, who runs a machine manufacturing business with six regular workers.

The Defendant, while working in the above E, did not pay the wages, retirement allowances, etc. of workers B, C, and D that were retired at that time as shown in the separate list of crimes Nos. 2 through 4.

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 same Act. Since workers B, C, and D withdraw their wish to punish each defendant after the indictment of this case, the prosecution against this part is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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