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(영문) 서울북부지방법원 2018.03.14 2017고단3930

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of two years and a fine of three million won for six months at the Seoul Northern District Court on December 19, 2017 due to a violation of the Labor Standards Act, etc., and was finally confirmed on December 27, 2017, and is a full-time employee of Seongbuk-gu Seoul Metropolitan Government with the trade name of "D", which is a full-time employee of 25.

From March 27, 2014 to March 31, 2017, the Defendant did not pay wages of KRW 445,550 on February 2, 2017, wages of KRW 941,350 on workers E, wages of KRW 1,359,167 on March 3, 2017, retirement allowances of KRW 1,359,167 on weekly leave allowances, KRW 1,314,610 on retirement allowances, and KRW 6,300 on December 24, 2011 to workers F who were retired from office and were working until December 22, 2016, wages of KRW 2,356,39,393, retirement allowances, KRW 1,586,830 on December 8, 2010 on retirement allowances between the parties concerned without agreement between them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition;

1. The claimed materials;

1. Previous convictions in judgment: The application of the defendant's legal statement and text of judgment;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for each worker;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) 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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

The favorable circumstances: the defendant is against the defendant, and the circumstances of the crime in this case are considered.

Damage was recovered.

Violation of the Labor Standards Act, etc. of which judgment has become final and conclusive.