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(영문) 청주지방법원 충주지원 2017.02.17 2016고정100

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, as the representative of C in Chungcheong City, was an employer who runs the food manufacturing business using ten full-time workers; D’s wage of 1,785,714 won from around December 1, 2014 to February 12, 2015; and E’s wage of 4,346,175 won from around September 28, 2014 to March 22, 2015 at the same place of business; from around November 4, 2014 to around March 31, 2015, the Defendant did not pay F’s wage of 6,00,000,000 won from the same place of business to around March 31, 2015; from around October 12, 2015 to around March 23, 2015 to the same place of business as G’s wage of 31,518,714; and

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to D, H, F, G, and E;

1. Application of Acts and subordinate statutes to the police statement protocol (the authentic representative) to I;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment of concurrent crimes against a victim F who has the largest penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment do not specify the amount of wages that the defendant did not pay, and the period during which the defendant delayed payment of wages is not short is also an opportunity for sentencing unfavorable to the defendant.

However, after the prosecution of this case, the defendant paid part of the unpaid wages to the victim G, H and E, and the defendant tried to pay wages to the victim F and D, but it appears that the defendant failed to communicate with the victim, etc. is the sentencing factors favorable to the defendant. The above sentencing factors, considering the defendant's age, sexual behavior, environment, etc., a sentence against the defendant shall be imposed.