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(영문) 서울서부지방법원 2016.09.09 2016고정630
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, as an individual constructor, operated a construction business using six workers, such as C, etc.

The Defendant did not pay KRW 3,185,000, the sum of C’s wages of KRW 130,000 on February 2, 2014, and the amount of KRW 3,185,000 on March 3, 2014, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting a crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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