beta
(영문) 대전지방법원 서산지원 2017.03.24 2016고정268

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a representative of “C driving school” located in Seosan-si, who is engaged in the business of a private teaching institute by using four workers.

The Defendant did not pay KRW 1.2 million in September 1, 2012, KRW 1.2 million in total, KRW 6 million in November, and KRW 1.2 million in December, 2012, KRW 1.2 million in April, KRW 1.2 million in March, 2013, KRW 1.2 million in April, KRW 1.2 million in May, KRW 1.2 million in July, 2013, KRW 8 million in July, KRW 1.2 million in August, and KRW 1.2 million in September, 2013, and KRW 4.2 million in total, including KRW 1.2 million in September, 2012, and KRW 1.2 million in September, 204 in September, without any agreement between the parties to the retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the respective Acts and subordinate statutes of E, D, F, and G;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 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 concerning the order of provisional payment;