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(영문) 인천지방법원 부천지원 2017.08.10 2017고정672

근로기준법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the representative director of the C Co., Ltd. located in Kimpo-si, is an employer who employs full-time workers and engages in distribution business. On October 31, 2016, the Defendant dismissed each worker D, E, F, and G on the grounds of management of the said company, and did not give 30 days prior notice of dismissal to the said worker, but did not pay each of them 6,879,000 won (D, F, 1,957,00 won, E 1.5 million won, G1,465,00 won, and 1.5 million won, G1,465,00 won, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of resignation with D (List 9);

1. Application of Acts and subordinate statutes, such as a petition (List 1), details of arrears (List 2), power of attorney (List 3), each statement of benefits (List 4 through 7), certified copy of the corporate registry (list 8);

1. Article 110 subparagraph 1 and Article 26 of the Act on the Standards for Relevant Acts and the Selection of Punishment for Criminal Facts, and Article 110 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not include any circumstances to consider the confession, reflection, and circumstances leading to the crime. The above workers’ punishment is not punishable. The dismissed part of the prosecution.

1. The summary of this part of the facts charged is that the Defendant, as the representative director of the pertinent C Co., Ltd., is the employer engaging in distribution business using full-time workers. On October 31, 2016, the Defendant did not pay KRW 978,000,000 for workers D, F’s wages, and E’s wages, KRW 750,000,000,000, which were retired from the said C Co., Ltd., within 14 days from

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

C. Around May 31, 2017, a public prosecution had been initiated by D, who was delegated by the said workers, on behalf of the said workers, submitted a withdrawal statement on the same day that the said workers would not be punished.

Judgment dismissing public prosecution: each.