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(영문) 의정부지방법원 2020.05.21 2019고정532

근로기준법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd. in Nam-gu Incheon Metropolitan City, who runs a construction business with five regular workers.

The defendant has installed construction sites, such as construction works of commercial buildings in Namyang-si, Incheon Young-do block works, and from March 24, 2018 to the same year.

4. Unless the parties agree on the extension of the due date for payment between the parties, the employer did not pay the total of KRW 31,724,440 as stated in the attached list of crimes, including KRW 1,480,00 of D’s wages by July 1, 200, respectively, within 14 days from each retirement date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition;

1. Application of each police protocol of statement to D, E, and F

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 109(1) and 36 of the Act on the Selection of Punishment, and Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); and the selection of fines for negligence

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;