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(영문) 수원지방법원 2017.07.05 2017고정343

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of the D Co., Ltd. located in Young-si Suwon District C, who is an employer who runs a manufacturing business using two full-time workers.

The Defendant did not pay KRW 2,700,000, total amount of wages of KRW 2,400,000,000 working at E at the construction site from March 24, 2016 to April 1, 2016; KRW 2,700,000, total amount of wages of KRW 300,000 on April 20, 2016; and KRW 1,60,00,000, total amount of wages of KRW 2 workers, including KRW 4,30,000,00 on March 24, 2016, to March 31, 2016, without an agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. The instant crime, which is the F’s authenticity, is committed before the judgment that the Defendant was sentenced to one year of imprisonment for fraud in the Seoul Central District Court and two years of suspended execution, becomes final and conclusive on January 23, 2017. However, the instant crime of fraud is committed before the judgment that the Defendant was sentenced to eight months of imprisonment with prison labor in the Incheon District Court due to an act of false accusation or two years of suspended execution, which became final and conclusive on January 14, 2016, and thus, “the Defendant could not simultaneously render a judgment.” Article 37 of the Criminal Act is not applicable (see Supreme Court Decision 2014Do469, Mar. 27, 2014). Article 39(1) of the Criminal Act is not applicable (see Supreme Court Decision 2014Do469, Mar. 27, 2014).

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;