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(영문) 수원지방법원 2019.06.20 2018고정721

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant, as the representative director of the (P)C in Gyeonggi-si, is an employer who runs the construction business by employing seven full-time workers at the construction site D in Gyeonggi-si.

The Defendant did not pay KRW 3,610,000 for workers E who worked at the above construction site from November 2, 2015 to November 21, 2015, and did not pay KRW 20,330,000 for total wages of six workers within 14 days from the date of retirement, as shown in the attached crime list, as shown in the attached Table.

Summary of Evidence

1. Each statement of witness F, G and H (part) in the fourth protocol of the trial;

1. Statement made by witnesses E in the fifth trial records;

1. Each police statement made to H, I, and J;

1. A complaint;

1. Current output, current status of November output, and details of passbook receipt;

1. K's certificate and L's factual certificate;

1. A court judgment (based on each of the above evidences, the court's judgment can be accepted as being fully convicted of the facts charged in the instant case).

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine of three million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Seoul Southern District Court M&D) (see, e.g., Supreme Court Decision 2007Da12488, Apr. 2, 201