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(영문) 수원지방법원 2013.08.22 2012고단6295
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of G in Ansan-si F, who is engaged in the wholesale, retail and construction business with 11 full-time workers employed, and the employer shall pay wages and all other money and valuables within 14 days from the time when the cause for such payment occurred when the worker retires.

Nevertheless, from March 28, 2012 to May 31, 2012, the Defendant worked at the construction site of the Iel remodeling project in Gyeonggi-gu, Gyeonggi-si, and did not pay KRW 5,340,000 to retired workers at the work site of the J within 14 days from the time when the cause for the payment occurred without any agreement between the parties on the extension of the due date, and did not pay KRW 18,80,000 for the total wages of six workers within 14 days from the time when the cause for payment occurred, as described in the attached Table Nos. 2 through 6, 9, as well as the attached Table No. 2 through 9, without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of a statement by the police complainant;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning 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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is the representative of G in Gyeonggi-si F, who is employed by 11 full-time workers, and runs the wholesale, retail and construction business. When the worker retires, the employer shall pay the wages and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, from March 28, 2012 to May 31, 2012, the Defendant, while working at the work site of remodeling the Iel in Gyeonggi-si from May 31, 2012, submitted a statement of overdue wages of KRW 20,255,00 in total of wages of workers C, D, and E, retired while working at the work site of remodeling the Iel in Gyeonggi-si.

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