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(영문) 서울남부지방법원 2014.04.15 2013고정3282
근로기준법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the actual manager of C in the second floor of building B in Yeongdeungpo-gu Seoul Metropolitan Government, who is engaged in transportation business by employing four regular workers.

[2013 fixed-term3282] The Defendant worked at the said workplace from December 24, 2012 to January 15, 2013, 2013, and worked at the said workplace from January 2013 to April 23, 2013 of E, and did not pay 3,870,000 won in total, among two workers, including 1,60,000 won in wages, from January 2, 2013 to April 23, 2013, and two workers, including 1,70,000,000 won in wages on April 201, 2013, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

[2013 fixed-term 3694] The Defendant did not pay the amount of KRW 1,238,709 on January 1, 2013 to retired workers who worked in the said workplace from January 16, 2013 to January 31, 2013, within 14 days from the date of retirement without an agreement on extension of the due date between the parties.

[2014 high-level 169] The Defendant was working in the said workplace from July 27, 2012 to September 27, 2012, and did not pay KRW 2,135,247 of G workers G retired from the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

[2013 High Court Decision 3282]

1. Defendant's legal statement;

1. Statement of the preparation of assistant judicial police officer for E;

1. Written statements prepared in D (2013 High Court Decision 3694);

1. Court statement of the defendant (the second trial date);

1. Statement prepared by a special judicial police officer with respect to F (2014 high-ranking 169);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the statement prepared by a special judicial police officer in G;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning 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 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;

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