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(영문) 수원지방법원 안산지원 2016.04.21 2015고단3537
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, as the E representative in Ansan-si, is an employer who runs a construction business with ten full-time workers.

In light of the records in the list of crimes attached from January 15, 2015 to March 21, 2015, Defendant is obviously a clerical error in the part of the facts charged “ March 20, 2015,” respectively, in light of the facts charged from January 15, 2015 to March 21, 2015.”

In light of the list of offenses set forth in the attached Form No. 1,350,000 won for the victim F, working until March 2015, it is clear that the part of the “4,130,000 won” in the facts charged is a clerical error in the “1,350,000 won”.

A total of KRW 17,872,50 in total for six victims who worked for the above workplace, such as Section 1, 4, and 8 of the List of Offenses Nos. 1, 4, and 8, did not pay within 14 days from the date of retirement of each victim without an agreement to extend the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of F’s written statements and G’s written statements to the Acts and subordinate statutes;

1. Article 109 of the relevant Act and Articles 109 (1) and 36 of the Standard Labor Standards Act concerning facts constituting an offense, the selection of a fine for negligence (in consideration of the amount of unpaid wages and the reasons why unpaid wages are paid);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant, as the E representative in Ansan-si, is an employer who runs a construction business (electric construction) with ten full-time workers, from among the E representatives in Ansan-si.

The Defendant did not pay the total amount of KRW 4,020,00 to two victims of the victim B, who worked from January 15, 2015 to March 21, 2015, including KRW 1,620,00 in February 2015, as well as KRW 2,3 in the table of crimes in attached Table 2, and 4,020,00 in total, within 14 days from the date of retirement of each victim, without any agreement on the extension of the payment period between the parties.

2. Part of the plate;

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