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(영문) 전주지방법원 군산지원 2013.12.11 2013고단1016
근로기준법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual owner of C in Gunsan-si, who ordinarily employs 10 workers and operates the manufacturing business, and is employed from November 1, 2012 to January 16, 2013 at the above place of business.

The amount of wages of 2,815,260 won paid to retired workers D on December 2, 2012, as shown in the attached Table Nos. 1 through 5, 7, 9, 11, 12, and 16, and the total amount of wages of 10 workers was not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

Application of the Acts and subordinate statutes to the defendant's legal statement, each police statement to D and EF, accusation, and each petition;

1. Relevant Articles of the Labor Standards Act and the choice of punishment concerning facts constituting an offense: Articles 109 (1) and 36 of the same Act;

1. Detention in a workhouse: A summary of the facts charged as to the dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act: The defendant did not pay 37,404,802 won in total, as stated in the attached Table No. 6,8,10,13,14, 15, and 17, within 14 days from the date of his/her retirement without agreement on extension of the due date between the parties concerned;

Article 327 subparagraph 6 of the Criminal Procedure Act, each of whom is not punished.

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