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(영문) 인천지방법원 부천지원 2017.02.16 2017고정101

근로기준법위반

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

The Defendant, as an personal seal business operator, is an employer who employs five full-time workers in charge of painting construction work. The Defendant worked at the construction site of “B shop construction,” “C factory renovation work site,” “D office construction site,” and “D office construction site,” and did not pay 2,460,000 wages of E workers retired around September 23, 2015, KRW 3,460,000 wages of F workers retired on or around October 17, 2015, KRW 282,00 wages of G workers retired on or around October 21, 200, KRW 126,00 wages of H workers retired on or around the same month, and KRW 7,50,000 wages of workers I retired on or around the same month without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning interrogation of suspect by each police officer to J (a list 1,17);

1. A petition (List 7), a written statement (List 8);

1. A list of relevant data, such as the current status of payment of labor costs (9);

1. Application of Acts and subordinate statutes to the verification of each telephone fact (list 12,13);

1. Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment for Facts constituting an offense, and Article 109 (1) and (36 of the same Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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