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(영문) 의정부지방법원 2016.07.08 2016고단127
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who runs a construction business by employing nine full-time workers as a real operator of D (State) located in Gyeongnam-gun, South and North Korea.

When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of his/her retirement, unless there exists an agreement on the extension of the date of the multilateral payment.

Nevertheless, the Defendant did not pay the total of KRW 640,930 on May 1, 2013, when he/she worked for the said company from May 1, 2013 to August 31, 2013, KRW 2,500,000 on June 2013, as well as KRW 2,500,000 on July 2013, 2013, KRW 8,140,930 on August 1, 2013, and KRW 70 on the extension of the period from May 1, 2013 to August 31, 2013, KRW 200,00 on May 1, 200, KRW 200 on the wages between the parties, 00,000 on the retirement of KRW 30,50,70 on May 20, 201 on the retirement of 13, 2005.

Summary of Evidence

1. The defendant's legal statement (as at the fourth date);

1. A protocol concerning the interrogation of the suspect against the defendant (including G statements);

1. G and F statements;

1. Each petition and accusation;

1. Application of Acts and subordinate statutes to the certificate of overdue payment of wages and detailed statement of payment of wages;

1. Relevant legal provisions and Articles 109 (1) and 36 of the Standard Labor Standards Act concerning facts constituting an offense of this case (to select a fine and determine the amount thereof, taking into account the background leading to the offense of this case, the amount of overdue wages, the record of an offense, etc.);

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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