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(영문) 수원지방법원 2014.05.15 2013고정3026
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, as a representative of the “D” located in C in the U.S., is an employer who runs an automated machine manufacturing business by employing 25 full-time workers.

The Defendant did not pay 2,923,070 won in total as of the retired workers, including 1,307,690 won in the snow bonus of 2013 from April 7, 2011 to February 28, 2013 and 2,923,070 won in the annual salary of 2013 from June 7, 2011 to February 15, 2013, without agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. Each document of E and F;

1. Each employment contract and annual salary contract;

1. Application of Acts and subordinate statutes concerning current status of E and F's benefits;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the defendant and his defense counsel's argument should have been determined on the E's annual salary of KRW 33,00,00,00 for 23 months, and since E has worked in D for 23 months, only KRW 63,250,00 ( KRW 33,00,000 x 23 months/12 months) have been paid, but in fact, exceeding this amount, 64,02,186 won or won has been paid to E. The F's annual salary is KRW 42,00,000, and the F has worked in D for 20 months, and thus, the F has not been obliged to pay KRW 70,00,00 ( KRW 42,00 x 20,00 x 20/12 months) to E's annual salary, even though it did not have an obligation to pay more than 69,2928,498 hours for each E's or less than 304 hours for overtime.4.

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