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(영문) 수원지방법원 안산지원 2013.05.31 2012고정2440
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 an individual business operator who has his/her domicile in 33 Dong-gu, 1202 Dong-gu, Ansan-si and runs a construction business by employing ten full-time workers.

The Defendant at C at C, on March 22, 2010, June 29, 2010, June 30, 2010; June 12, 2010; August 12, 2010; and August 21, 2010, the Defendant did not pay the total of KRW 1,00,000 for D’s wages for total five days; and the total of KRW 300,000 for E’s wages for total two days, including the total of KRW 300,000,00 for E’s wages for total two days, without an agreement on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and E;

1. Application of each relevant statute;

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 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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