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(영문) 수원지방법원 2017.05.31 2017고정1014

대기환경보전법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the C Co., Ltd. located in the population B in Young-si, who employs three full-time workers and operates a manufacturing business (alley crushing business).

[2017 High 1014] From September 3, 2016 to September 6, 2016, the Defendant left the mixture of aggregate at a height of about 10 meters, and did not install a dust-proof net with a height of about 12.5 meters at a height of 12.5 meters, which is the legal standard, at the boundary of the workplace, and did not take necessary measures, and generated flying dust.

[2017 High Court Decision 1015]

1. The Defendant did not pay KRW 1,383,00 of D’s wage on January 1, 2016, which he/she worked in the said workplace from July 5, 2015 to January 13, 2016, and KRW 1,467,00 of the amount of wage on January 2, 2015 to January 13, 2016, and KRW 1,467,00 of the amount of wage on January 2, 2016, and KRW 1,383,00 of the amount of wage on February 23, 2015 to January 13, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of payment period.

2. The Defendant did not pay KRW 3,500,000 of retirement pay to E, who worked in the said workplace from January 2, 2015 to January 13, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

[2017 High Court Decision 1014]

1. Statement by the defendant in court;

1. A written confirmation or on-site photograph;

1. A criminal investigation report (a counter investigation by a public official in charge of accusation) (a counter investigation by a public official in charge of accusation).

1. Statement by the defendant in court;

1. Application of statutes on statements made by each special judicial police officer to D, F, and E;

1. Article 92 subparagraph 5 of the relevant Act on the Conservation of Air Quality (a point where installation of a facility for preventing fugitive dust is not installed), Article 109 (1), and Article 36 of the relevant Act on the Standards for Labor Standards, Article 44 subparagraph 1, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (a point where wages are not paid) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the provisions of the Labor Standards Act for Workers E, between a violation of the Labor Standards Act for Workers E, between a violation of the Guarantee of Workers' Retirement Benefits, and a punishment provided for in the violation of the Labor Standards Act with heavier quality of crimes);

1. Selection of penalty: