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Reasons
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(영문) 춘천지방법원 영월지원 2015.02.13 2014고단489
근로기준법위반
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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

The defendant, as a representative of G in Gangwon-gun F, is an employer who ordinarily employs 11 workers and executes the H plant extension work at the above place.

The Defendant, at the place of business of H Factory Extension Corporation, worked from September 2, 2013 to December 21, 2013, 2013, did not pay the total of KRW 11,50,00,00 as wages, including KRW 2,850,00,00 of the retired workers I, October 2, 2013, wage of KRW 2,850,000,00 for November 2, 2013, wage of KRW 3,975,00 for KRW 2,10,000 for December 2, 2013, and KRW 11,50,000 from the date of retirement, without agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay 31,215,00 won in total to 7 workers within 14 days from the date of each retirement without an agreement between the parties on the extension of payment dates, as set out in the Nos. 3 through 7, 9, and 10 of the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the details of overdue payments;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The part dismissing the prosecution in consideration of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the amount and the period of the delay, and the fact that the person has been punished for the same kind of crime

1. The summary of the facts charged is that the Defendant, at the place of business of the H plant construction construction project, worked from September 2, 2013 to December 21, 2013 and did not pay KRW 10,165,00,00 in the aggregate of the wages of September 2, 2013 of the retired worker B, including KRW 3,705,00,000, and KRW 3,705,000 in the wages of October 2, 2013, and KRW 3,610,00 in the wages of November 203, 2013, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

In addition to this, the defendant is 30,115,00 won in total for four workers, such as the No. 1, 2, 8, and 11 of the attached list of crimes.

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