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(영문) 울산지방법원 2020.04.17 2019고정523
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant, as the representative of the “C” in Ulsan Northern-gu B, is an employer who runs manufacturing and recycling business.

The Defendant is working from May 1, 2018 to August 1, 2018.

1,332,30 won in May 2018 for retired workers D, wages of 1,832,30 won in June 2018, wages of 1,832,300 won in July 2018, wages of 1,832,300 won in July 2018, wages of 60,240 won in August 2018, and wages of 5,057,140 won in May 5, 2018 to August 1, 2018, wages of 1,031,100 won in May 5, 2018, wages of 1,832,30 won in June 20, wages of 201, wages of 30 won in July 1, 2018, wages of 6, 2032, 300 won in total, 60,408 won in total, 205, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and D;

1. Determination as to the assertion of some defendants and defense counsel regarding field work photographs

1. The victim expressed his wish not to be punished, and thus, expressed his wish not to be punished in the crime of non-violation of opinion that the prosecution should be dismissed.

In order to recognize that the victim has withdrawn his/her wish to punish or have withdrawn his/her previous wish to punish, the victim must be expressed in a way that is obvious and reliable.

(see Supreme Court Decision 2012Do3166, Sept. 13, 2012). According to the records of the instant case and the witness D and E’s legal statement, the intent expressed by D and E against the Defendant in the prosecution’s criminal conciliation proceedings is merely a penalty non-performance penalty, premised on the receipt of the promised amount.

In addition, D and E did not indicate the intention of not receiving the unpaid wages until now.

2. According to each of the evidence in this case, D and E provided labor to an employer in subordinate relationship under the Defendant’s direction and supervision, and the contents of work are the Defendant.

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