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(영문) 인천지방법원 2013.11.22 2013고정2463

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 16, 2012, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of fraud, and the said judgment became final and conclusive on December 26, 2012.

The defendant is the representative of the D Co., Ltd. in Songpa-gu Seoul Metropolitan Government and is an employer who has employed ten full-time workers and operates the construction business.

The Defendant did not pay the F’s 1,00,000 monthly wage of October from September 8, 2012 to October 31, 2012, G’s 1,00,000 wages of October, October, 200, H’s 1,000,000 monthly wage of October, and I’s 1,00,000 wages of October, 200, JJ’s 1,000,000 wages of October, and 1,00,000, K’s 1,00,000,000 monthly wage of October, 20, without agreement between the parties on the grounds for payment, within 14 days from the date of the date of the occurrence of the cause for payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and M;

1. Each police protocol of statement against M and F;

1. A written petition;

1. Previous convictions in judgment: Application of Acts and subordinate statutes governing case search, judgment, crimes and investigation experience;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.