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(영문) 전주지방법원 정읍지원 2018.06.12 2018고단60

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, as the representative of D Co., Ltd. in the former Northwest-gun C, did not pay the total of KRW 14,571,880,00 on October 2017, 2017, including KRW 2,386,710, and wage of KRW 3,065,750 on October 2017, as indicated in the attached money and valuables in arrears, to E, as the representative of D Co., Ltd. in the former Northwest-gun Group C, the total of KRW 15,363,750 on a regular payment date, as well as KRW 14,571,880 on a regular payment date. < Amended by Presidential Decree No. 28039, Oct. 31, 2017>

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of each delayed payment, and application of Acts and subordinate statutes governing the verification of each remittance;

1. Article 109 (1) and Article 43 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) 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. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. According to Article 59(1) of the suspended sentence, the sentence of a fine of KRW 500,000 shall be suspended by taking into account the following factors: (a) the sum of the bonuses, such as bonuses, which are unpaid due to a sudden provisional attachment; and (b) the unpaid wages have been paid at a time thereafter; and (c) the Defendant’s age, occupation, environment, criminal record, etc.