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(영문) 의정부지방법원 고양지원 2016.06.09 2016고정117
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 a user who operates a general restaurant by using three full-time workers under the name of D representative, who is located in the Dong-gu, Busan Metropolitan City C building 128.

The defendant employed from March 10, 2015 to April 6, 2015 at the same place of business and retired from the said place of business to April 6, 2015, the total amount of wages of 2,529,000 won in April 2015, and from March 23, 2015 to April 6, 2015, the amount of wages of 870,950 won in April 2015, and retired from the said place of business to March 23, 2015, and did not pay wages of 4,439,960 won in total, including wages of 1,040,00 won in March 28, 2015, within 14 days from the date of retirement without an agreement between the parties on extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of F, G, and E;

1. Application of each relevant statute;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and selection of fines;

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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