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(영문) 수원지방법원 2019.07.17 2019고정544

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Attached Form

Criminal facts

same as the entry

(However, "suspect" is changed to "defendants"). Summary of evidence

1. Defendant's legal statement;

1. A written evidence under B and C’s said written statement;

1. Application of Acts and subordinate statutes to the place of service and a statement of calculation of retirement allowances;

1. Subparagraph 1 of Article 114 of the Labor Standards Act, Article 17 (2) of the Labor Standards Act (which means not issuing a written statement on working conditions), Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (which means not paying a retirement allowance);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (trades in violation of the Labor Standards Act due to the failure to liquidate wages and violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;