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(영문) 수원지방법원 2020.01.15 2018고정1841

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant, as a representative of the Maurto City, is an employer who runs a lodging business using five regular workers.

1. The Defendant did not pay KRW 17,132,081 in total, including KRW 662,540, as well as KRW 17,132,081 in total, wage, etc. for the foregoing D, as shown in the attached crime chart, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned, as well as KRW 16,562,721 in total, wage, etc. for the foregoing D, as in the attached crime chart.

2. When concluding a labor contract with B that worked from January 19, 2017 to March 20, 2017 at the foregoing workplace, the Defendant did not perform his/her duty to provide documents on the constituent items, calculation methods, payment method, etc. of wages, including working conditions, etc. for annual paid leave, etc.

Summary of Evidence

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. E-fact confirmations;

1. Application of Acts and subordinate statutes to employment contracts, details of adjustment of workers, and report on internal investigation (94 pages);

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act; Article 114 Subparag. 1 and Article 17 of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 201);

1. Articles 40 and 50 of the Criminal Code of Trade Competition (trades in violation of the Labor Standards Act concerning payment of wages and in violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum amount of each of the crimes above is aggregated);

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel regarding whether he is a place of business with at least five regular employees.