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(영문) 광주지방법원 2017.02.08 2016고정1508
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a business owner of the D office located in Seo-gu Gwangju metropolitan area, who runs an indoor construction business using three full-time workers at three sites, such as a coffee shop, located in Gwangju Dong-gu E.

Defendant did not pay KRW 180,000 for F’s wages at the same construction site from July 16, 2015 to July 17, 2015; KRW 360,000 for G’s wages from July 16, 2015 to July 18, 2015; and KRW 2,250,000 for H’s wages from July 16, 2015 to July 31, 2015 without any agreement between the respective parties on the extension of the daily payment period between them.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the H’s written petition to the Act and subordinate statutes reporting the results of an investigation;

1. Relevant Article of the Act on Criminal Facts and Articles 109 (1) and 36 of the Act on the Standards for Optional Labor.

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. The gist of the facts charged in this part of the part dismissing the prosecution of Article 334(1) of the Criminal Procedure Act in this part of the Criminal Procedure Act is that “the employer of the D office located in Gwangju Seo-gu, who runs an indoor construction business using three full-time workers at three sites, such as a coffee shop site located in Gwangju Dong-gu, Gwangju-gu. The employer who works for workers B at the above construction site, etc. from July 19, 2015 to July 26, 2015 and from May 11, 2016 to May 14, 2016, did not pay 450,000 wages, totaling KRW 90,000,000, working for workers within 14 days from the date of retirement without agreement between the parties on the extension of payment period.”

However, this case is a crime 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). This case’s case’s case’s case’s case’s case’s case’s written agreement submitted to this court on October 24, 2016.

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