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(영문) 수원지방법원 2013.06.14 2012고정1816

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 29, 2012, the Defendant was sentenced to six months of imprisonment by the Incheon District Court for the crime of occupational embezzlement, and the said judgment became final and conclusive on August 20, 2012.

The defendant, as a C practical owner located in B in eternic City, is a user who operates the manufacturing business of construction materials by employing ten full-time workers.

The Defendant did not pay KRW 800,000,00 for September 15, 2009, the monthly wage of KRW 1,600,000 for October 2009, wage of KRW 1,750,000 for November 2009, wage of KRW 1,750,000 for December 209, and wage of KRW 875,000 for December 2009, as shown in the attached list of crimes in the attached Table, without any agreement on extension of the payment date, within 14 days from each retirement date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the police officer and accusation against D;

1. Previous convictions in judgment: Investigative report (the confirmation of a previous conviction of the defendant's separate judgment) and application of each statute of the judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 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;