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(영문) 수원지방법원 안산지원 2014.09.23 2014고단755
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The defendant is an employer who runs a construction business with 19 full-time workers in Ansan-si member B.

The Defendant employed workers C from February 25, 2012 to March 5, 2012, and had them work at the work site for remodeling of the first floor underground of the Dong-gu D Building in Ansan-si, Ansan-si, and did not pay wages of KRW 1,530,000 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the petition, copy of the details of arrears, and copy of the payment record of daily labor expenses;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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 an employer who runs a construction business with 19 full-time workers in Ansan-si Group B.

The Defendant employed workers E from December 12, 201 to May 15, 2012, and had employees work at the construction site for remodeling of the first floor of the unit D D building in Ansan-si, a member of Ansan-si, and did not pay 17,027,50 won as wages within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment between the parties, and did not pay 17,027,50 won within 14 days from the date of retirement without any agreement on extension of the due date for payment between the parties.

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

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