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(영문) 수원지방법원 안산지원 2013.11.12 2012고정1332

근로기준법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a representative director of Gangnam-gu Seoul Metropolitan Government C (ju) and is an employer who has 53 full-time workers and operates a gas station business.

The defendant has not paid the total amount of KRW 1,307,820, including E's wages, worked from June 18, 2010 to July 31, 201; KRW 32,300 for June, 201; KRW 94,112 for each month of July or December; KRW 165,344 for January or February, 201; KRW 380,160 for annual allowances; KRW 380,46 for the month of May 21, 209; KRW 13,749,49,293 for the month of May 28; KRW 16,47 for the month of May 21, 209; KRW 716,40 for the month of February, and KRW 46,465,47 for the month of wages; and KRW 75,465,465,465,465,465,67,209 for the month of May 20.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes of E of some petitions;

1. Relevant provisions of the Acts and Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 36 of the same Act;

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

1. Penalty fine of 2,500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) the Defendant’s reason for sentencing under Article 59(1) of the Criminal Code is against the law; and (b) the Defendant paid all the finalized wages in the case.