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(영문) 대전지방법원 2018.12.13 2018고정417
근로기준법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who operates B in Daejeon Seo-gu.

From April 28, 2017 to June 6, 2017, the Defendant was employed at the site of removal work conducted by the Company C located in Daejeon District and did not pay 24,390,000 won, including 6,250,000 won of wages of retired workers, within 14 days from the date of each retirement without agreement on extension of payment period with each worker, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. The protocol of interrogation of suspects of E and the accused by the prosecution;

1. Statement made by each prosecutor with respect to D or F;

1. A petition (D, G, H, I, J, K, L, M, N,O, P);

1. The notice of the termination of a contract for the sale and purchase of goods, the attached sheet prepared on the date of work, and the notice of the termination of the contract for the sale and purchase of goods [the defendant's employer and the person who ordered D to work shall be Qua E who is not the defendant, but the defendant, according to the above evidence, D shall set a daily allowance under consultation with the defendant, and as such, D shall be deemed to have received part of the overdue wages from the defendant, upon being employed by the defendant

Application of Statutes

1. Article 109 (1) and Article 36 of the relevant Act and the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, May 29, 2018);

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 of the Criminal Procedure Act of the Provisional Payment Order;

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