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(영문) 수원지방법원평택지원 2020.08.13 2020고정47

최저임금법위반등

Text

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

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

Reasons

Punishment of the crime

Attached Form

Criminal facts

same as the entry

(However, "suspects" is referred to as "defendants"). Summary of evidence

1. Application of Acts and subordinate statutes on the payment, passbook transaction details to the police's statement B made in court by the defendant;

1. Relevant legal provisions concerning facts constituting an offense, Articles 28 (1), 6 (1) of the Minimum Wage Act (which means the payment of wages below the minimum wage amount), Articles 109 (1) and 36 of the Labor Standards Act (which means the payment of unpaid wages), Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances), and choice of fines, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (when a sentence of suspension of execution of punishment is invalidated or revoked, a fine shall not be paid);

1. As to the grounds for sentencing under Article 62(1) of the Criminal Act, the amount of unpaid wages, etc. for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, the fact that the defendant recognizes and reflects the crime of this case, the fact that the defendant would be deemed to have paid all unpaid wages, etc. to the victimized workers after the prosecution of this case, the fact that there is no record of criminal punishment except for the punishment imposed as a pro rata crime, and other various sentencing conditions, including the defendant’s age, character and conduct