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(영문) 대전지방법원 2017.05.16 2016고단186
근로기준법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. In addition, the Defendant did not pay KRW 25,290,000 of the total wages for 7 workers as indicated in the attached Table I for the crime committed, including the fact that he/she was employed by the Defendant from October 11, 2013 to December 6, 2013 at the site of the neighboring living facilities and the new construction of detached houses located in G in Gyeonggi-do Si Si-do City, and that he/she did not pay KRW 560,000 for the portion wages of KRW 560,000 on October 10, 2013, without agreement on the extension of the date between the parties concerned, within 14 days from the retirement date.

2. The Defendant did not pay the amount of KRW 1,920,000 employed by the employee J from April 8, 2014 to April 30, 2014 at the site of the general restaurant construction work in the Namyang-gun, Namyang-gun, a general restaurant construction work-related group I, within 14 days from the date of retirement, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, J, and K;

1. Application of Acts and subordinate statutes to written complaint and petition;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 of the same Act;

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 summary of the facts charged is as follows: (a) the Defendant did not pay KRW 2,720,000 to workers C’ wage of KRW 11,040,000 employed by the Defendant from April 2, 2014 to April 30, 2014, without an agreement between the parties on the extension of the due date; and (b) the Defendant paid KRW 11,040,000 for four workers, as described in the attached Table II No. 1,2,3, and (5).

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