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(영문) 대구지방법원 경주지원 2015.01.15 2014고단336
근로기준법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the (State)C in the Gyeongbuk-si, who is an employer who runs the manufacturing business of industrial hot water using 30 full-time workers.

The defendant from March 26, 2013 to that from the above workplace.

7. 5. Workers D’ wage of 690,450 won for October 2012; wage of 383,390 won for the year; wage of 1,488,230 won for the year 1,48,230 won for the portion of January 2013; wage of 1,368,630 won for the third half of the year; wage of 1,515,320 won for the five half of the year; wage of 441,540 won for the seventh year; and wage of 5,887,560 won for the seven half of the year; and payment was not made within 14 days from the date of retirement, without any agreement between the parties to a labor contract on extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Complaint (D);

1. Application of Acts and subordinate statutes to detailed statement for computing unpaid money and valuables;

1. Relevant statutory provisions concerning facts constituting an offense and Articles 109 (1) and 36 of the Labor Standards Act (Selection of a fine by taking into account the fact that the victim's wages are expected to be paid immediately through auction, the amount of overdue wages, the circumstances leading to the instant offense, the fact that there is no previous conviction, and the fact that the victim's wages are against

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant, as the representative of the above state-C, did not pay 907,455 won for the portion of October 2012, 2012, which had been employed from January 18, 2010 to January 8, 2013 at the above workplace, including the total of 1,82480 won for the portion of wages of 825,305 won for the portion of November 2013, and 89,7240 won for the portion of January 2013, from the above date to July 20, 2013, the Defendant did not pay 28,130,334 won for the total amount of wages of 9 workers working at the above workplace as stated in subparagraphs 1 through 8, 10, and 14 days from the date of payment without an agreement between the parties on the extension of the payment date.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which are clearly indicated by the victim under paragraph (2) of the same Article.

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