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(영문) 수원지방법원 성남지원 2014.08.29 2014고정1171

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant had not paid KRW 705,600 to E’s paid holiday allowances from June 21, 2013 to November 30, 2013 as a person operating a D gas station located in Sungnam-si, Sungnam-si, without any agreement on the extension of the due date between the parties concerned, within 14 days from his/her retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

1. Articles 70(1) and 69(2) of the Criminal Act (one day per 100,000 won);

1. Penalty fine of 300,000 won to be suspended;

1. The sentence shall be suspended as ordered in consideration of the following: (a) the reason for sentencing under Article 59(1) of the Criminal Act: (b) the accused has committed a crime; (c) the accused has not been punished for the same kind of crime; and (d) the amount of paid leave allowances in arrears is not much high; and (d)