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(영문) 인천지방법원 부천지원 2013.12.11 2013고정1883
근로기준법위반
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

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

Reasons

Punishment of the crime

The Defendant is an auditor and an actual manager of the Dispute Resolution Co., Ltd. in Kimpo-si, who runs a wholesale and retail business by using 11 full-time workers. The Defendant worked from April 27, 2013 to August 23, 2013 at the said place of business and did not pay KRW 2,000,000 in August 2013 within 14 days from the date on which the cause for the payment occurred without an agreement between the parties on the extension of the due date for payment of wages.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding certificates;

1. Application of Acts and subordinate statutes on the details of D benefits payment;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same 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 of the provisional payment order;

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