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(영문) 의정부지방법원 2014.10.23 2014고정964
근로기준법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a user who operates a restaurant with 10 full-time workers as the representative director of Category D (Trade Name) located in Category B (E) located in Scheon-si.

In addition to FF’s wage of 750,000 won for May 2013, 2013, which served from February 13, 2013 to July 8, 2013 at the above workplace, the Defendant did not pay 12 employees totaling KRW 18,082,555, respectively, within 14 days from the date of retirement, without agreement between the parties on the extension of the payment date of the money and valuables in arrears.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective legislation of F, G, H, I, J, K, L, M, N,O, P, and Q

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is an employer who runs a restaurant with ten full-time workers as the representative director of D (Trade Name) located in C2nd floor located in Scheon-si, B, and ten full-time workers.

The Defendant did not pay KRW 3,03,00,000 for monthly wages from May or July 2013, 2013 to July 8, 2013 at the same place of business, without any agreement between the parties on the extension of the due date for payment of money and valuables, within 14 days from the date of retirement.

2. The grounds for dismissing public prosecution are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the statement of the written application for non-prosecution of punishment filed in the trial records, the victim R withdraws his/her wish to punish the Defendant on September 24, 2014, which is after the prosecution of this case. Thus, Article 327 subparag. 6 of the Criminal Procedure Act is applicable.

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