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(영문) 인천지방법원 2014.09.19 2014고정2505

근로기준법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is the representative of “C” in Incheon Bupyeong-gu, and is an employer who runs beauty service business using 11 regular workers.

The Defendant did not pay KRW 361,300 on December 12, 2013 of D, which worked from October 21, 2013 to December 31, 2013 at the same place of business, within 14 days from the date of retirement, without agreement on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to D’s statement;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

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

1. It is so decided as per Disposition for the reasons above Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 9(1) of the suspended sentence (see, e., Supreme Court Decision 2006Da14488, Apr. 2, 201