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(영문) 의정부지방법원 고양지원 2016.11.30 2016고단2515
근로기준법위반등
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, as a representative of G in Pakistan, was engaged in the wholesale and retail liquor business using 7 workers.

From June 1, 2015 to September 2, 2015, the Defendant did not pay KRW 2,201,000 to H within 14 days from the date on which the cause for payment occurred, without any agreement on extension of the due date.

Summary of Evidence

1. Examination protocol of suspect by special judicial police officers against the accused;

1. A statement made by a special judicial police officer in B;

1. Application of a petition and power of attorney Acts and subordinate statutes;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The facts charged against the violation of the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits that the defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, did not pay the total amount of KRW 14,329,648, including wages, etc. for the attached crime list B, C, D, and E, and the total amount of KRW 9,962,989, within 14 days from the date of retirement without agreement on the extension of the due date, is an offense against which the defendant cannot institute a public prosecution against the will expressed by the victim under Article 109(2) of the Labor Standards Act and Article 44

However, since victims have withdrawn their intent to punish the defendant, the prosecution against the above workers is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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