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(영문) 광주지방법원 2017.06.20 2017고정557

근로기준법위반

Text

The sentence against the accused shall be 6,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, who was engaged in construction business, was employed in the Defendant’s workplace from March 28, 2014 to March 29, 2014, and was employed in the Defendant’s workplace, and did not pay KRW 300,000 of the wages of the retired employee B within 14 days from the date of his retirement without an agreement on the extension of the payment period, and did not pay the total wages of KRW 24,540,000 within 14 days from the date of his retirement as described in the attached crime list (i).

A worker C’s wage of KRW 4,760,00,00 working at his workplace from January 10, 2014 to April 15, 2014, was not paid within 14 days from the date of his retirement without an agreement on the extension of the payment deadline, and was written in the List of Attached Crimes, and did not pay the total of KRW 13,260,000 for four workers within 14 days from the date of each retirement without any agreement on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Application of C’s authentic Acts and subordinate statutes

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and the choice of fines;

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. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

Until now, the victims did not recover their damage.

It is necessary to strictly punish these crimes in light of the legislative intent of the Labor Standards Act for guaranteeing the basic life of workers.