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(영문) 창원지방법원 2016.07.20 2016고정570
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[2016 High 570] The Defendant is an employer who runs a construction business with 7 full-time workers at the construction site in Kimhae-si C.

Defendant-based (i) retired from the said workplace as a day-to-day employee from March 9, 2014 to March 23, 2014; and (ii) retired from the said workplace as a day-to-day employee from March 3, 2014 of D’s wages of KRW 1.5 million and from April 1, 2014 to July 30, 2014; (iii) retired from E’s wages of KRW 1,050,000,000,000,000,000 won, each of the wages of KRW 2,250,000 from April 1, 2014 to July 2014, did not reach an agreement on the extension of the payment date between the parties.

[2016 High 571] The Defendant is an employer who runs a construction business with 7 full-time workers at the construction site in Kimhae-si C.

Defendant 1 retired from the said workplace to June 19, 2014, the amount of wages of KRW 1840,000,000 paid on June 23, 2014, and KRW 1680,000 paid on June 23, 2014, and KRW 1680,000 paid on June 1, 2014 of H, and KRW 761,00,000 paid on March 25, 2014 by the Party.

Summary of Evidence

[2016 High Court Decision 570]

1. Statement by the defendant in court;

1. Statement made by each labor supervisor for D and E;

1. Each written complaint and each written complaint [2016 high court 571];

1. Statement by the defendant in court;

1. Statement made by the labor supervisor with respect to F;

1. Application of each of the laws and regulations governing the filing of a complaint, each of the complaints, a true statement, a confirmation statement, a letter of confirmation, and a payment note;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

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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