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(영문) 창원지방법원 2019.02.13 2018고단1224

근로기준법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Power] Class I and the case: The judgment of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) that was sentenced on December 9, 2016 by the Seoul Southern District Court: one year of imprisonment and two years of suspended sentence: the judgment that was finalized on September 7, 2017 and the case: Seoul East East District Court Decision (2013 – the crime of violation of the Punishment of Tax Evaders Act (2014) that was sentenced on September 27, 2017: 10 months of imprisonment and two years of suspended sentence: the judgment that was finalized on October 11, 2017 / [crime] / The defendant is a person who runs the construction business using 50 full-time workers as the representative director of the Seoul Songpa-gu District Court at the 9th floor of Seoul Songpa-gu as the representative director of the corporation C

From February 14, 2017 to March 4, 2017, the Defendant did not pay KRW 2,380,000 of the wages of KRW 43,170,000 of the total wages of 40 workers within 14 days from the retirement date without agreement between the parties on the extension of the due date without any agreement between the parties on February 2, 2017 and the extension of the due date, and did not pay KRW 43,170,000 of the wages of 40 workers within 14 days from the retirement date without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, May 29, 2018);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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. Sentencing sentence of Article 334 of the Criminal Procedure Act of the order of provisional payment: The sentence of a fine of 5 million won for an aggravated sentence of a fine: The amount in arrears and the reasons for mitigation, such as confessions, concurrent crimes under the latter part of Article 37 of the Criminal Act, previous convictions in concurrent crimes under the latter part of Article 37 of the Criminal Act, progress of the procedure (number 30,080 won total of workers No. 30,31 and 35), dependants, and the same kind of reasons for an aggravated sentence of a fine: