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(영문) 의정부지방법원 2016.02.01 2015고정55
근로기준법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, as the chairperson of the Residents' Representative Council in South Yangyang-si, is an employer who employs ten full-time workers and engages in the residential real estate management business.

Wages shall be paid directly in currency to workers in full, and shall be paid at least once a month on a fixed date.

Nevertheless, on July 25, 2013, the Defendant did not pay KRW 712,750,000,000,000,000,000,000 for the total of 10 workers, as indicated in the list of crimes in the attached crime, as well as the annual paid leave allowances for 712,750,00 for 10 workers at the same place of business at the same time, on July 25, 2013, respectively.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A copy of the entrusted management contract or a copy of the labor contract;

1. A written approval for withdrawal of funds, and a copy of a bankbook;

1. A detailed statement of annual allowances;

1. A detailed statement of payment of overdue wages;

1. A statement of fact-finding by the government branch office of the Seoul Regional Labor Office;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 109 (1) and 43 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the same Act;

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. Articles 70 and 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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