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(영문) 수원지방법원 2017.04.26 2017고정321
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is the actual representative of the “C” located in Suwon-si B and 3, who is an employer who ordinarily employs four workers.

1. The Defendant had worked until July 23, 2016 at the above workplace and had not paid KRW 2,900,000 on June 2016, which was retired from the said workplace, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. On June 24, 2016, when concluding a labor contract with the above D, the Defendant did not deliver to the employee a written statement specifying the composition of wages, the method and method of calculating wages, the prescribed working hours, the holidays and the annual paid leave.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing statements made by special judicial police officers to D;

1. Article 109(1), Article 36 of the Act on the Standards for Selective Labor, and Articles 114 subparag. 1 and 17 of the Labor Standards Act concerning facts constituting an offense;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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