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(영문) 대전지방법원 천안지원 2014.07.04 2014고정449
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

The Defendant, as the representative director of (State)C located in Kimpo-si B, did not pay the amount of KRW 1.8 million paid in October 201, and the amount of wages of KRW 3.45 million in November 3, 201, to workers F, who retired from office, within 14 days from the date of retirement without agreement on the extension of the due date for payment, at the site of the E remodeling work conducted by the said company from March 22, 2011 to November 30 of the same year.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes governing confirmation of telephone and other facts;

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

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 provides that the Defendant’s delayed payment of wages to F is relatively small, unlike Article 43(1) of the Labor Standards Act, the Defendant is a person who has not paid wages directly, in full, to F, and that he/she agreed to pay individual wages to each employee after the year 201 when he/she moved F, etc. into the above construction site. However, on the other hand, C appears to have partially remitted labor costs related to the above construction to H’s deposit account designated by G from January 2012 until G from January 2012, the same type of punishment as the order is determined in consideration of all the sentencing factors indicated in the oral argument.

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