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(영문) 인천지방법원 2015.09.17 2015고정1506

근로기준법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an employer who operates “stock company D” with one full-time worker employed in Ansan-gu, Seoul. From May 19, 2014 to July 31, 2014, the Defendant did not pay KRW 5,806,451 (2,40,000 on May 5, 2014; KRW 2,40,000 on June 6, 2014; KRW 1,06,451 on July 1, 2014) within 14 days from the date of retirement without an agreement on the extension of the payment term between the parties.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each protocol of examination of labor inspector regarding G and H:

1. Application of the F of the written statement of labor inspector Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order of this case include: (a) the defendant recognized the crime of this case; (b) some of the circumstances in which the defendant did not take place while he/she was trying to take over another business and operated jointly with another person; (c) the worker does not want punishment for other joint operators; (d) the defendant does not have the same criminal history; and (e) the defendant does not have the same criminal history; (e) other conditions of sentencing such as the age, character and behavior, environment, relationship with the victim; and (e) the circumstances after