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(영문) 수원지방법원 2014.04.17 2013고정3287
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a personal constructor who resides in B and 205, and runs a construction business with two regular workers. A.

The Defendant did not pay KRW D’s wages of KRW 1,125,00 on December 1, 201 through July 29, 2011, which were worked as daily workers on sidewalk block construction sites, including Seo-gu Incheon, from December 1, 2011 to July 29, 2012; KRW 900,000 on January 2, 201; KRW 1,485,00 on February 2, 2012; KRW 2,160,000 on March 3, 2012; KRW 1,080,000 on April 1, 2012; and KRW 90,000 on May 5, 2012; and KRW 60,000 on July 90, 2012; and KRW 930,00 on February 1, 200 on an extension without agreement between the parties.

(b) When the defendant concludes a labor contract, he/she shall clearly state wages, contractual work hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers. In such cases, he/she shall deliver written statements specifying the constituent items, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leaves under Article 60 to workers.

Nevertheless, when concluding a labor contract on December 1, 201 with D and December 1, 201, the Defendant did not deliver to the employees a document specified in the items of wages, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. A written statement;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 114 Subparag. 1 and Article 17 of the Labor Standards Act, and selection 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 shall not be less than that of the provisional payment order.

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