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(영문) 대전지방법원천안지원 2020.10.30 2020고정391

근로기준법위반등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Attached Form

The same as criminal facts

(Provided, That the defendant shall be the defendant). Summary of the evidence

1. Defendant's legal statement;

1. A simple statement in B;

1. Calculation of average wages and retirement allowances, details of calculation of wages in arrears, details of calculation of wages in arrears, application of Acts and subordinate statutes on employment days;

1. Articles 109 (1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act against the provisional payment order are recognized and is against the law.

However, the total amount of unpaid wages and retirement allowances is not less than 22 million won in total.

There is no reason to make efforts to recover damage up until now.

Defendant is punished by a fine for the same kind of crime in the past.

Considering these circumstances, it is not appropriate to reduce fines under the summary order.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.