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(영문) 광주지방법원 순천지원 2018.01.26 2017고단1445

근로기준법위반등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On June 16, 2017, the defendant was sentenced to 6 months of imprisonment and 1 year of suspended execution due to the violation of the Labor Standards Act in the Gwangju District Court's netcheon Branch on June 16, 2017. The judgment became final and conclusive on June 24, 2017.

The defendant is a representative of Mineyang-si C (ND) D, who has been engaged in the manufacturing of components of a vessel by using more than 30 full time workers.

From December 4, 2014 to June 30, 2015, the Defendant had not paid KRW 4,384,480 on May 2015, which was retired from the Defendant, within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Business registration certificate;

1. The wage ledger (from January to June, 2015), details of unpaid money and valuables;

1. Inquiry into history of employment insurance;

1. Previous convictions: Inquiry into criminal history, report on investigation (Attachment of separate judgments), and application of one copy of the text of judgment, and one copy of the judgment;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On June 16, 2017, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution due to a violation of the Labor Standards Act in the Gwangju District Court’s net support on June 16, 2017. The judgment became final and conclusive on June 24, 2017.

The defendant is a representative of Mineyang-si C (ND) D, who has been engaged in the manufacturing of components of a vessel by using more than 30 full time workers.

From May 1, 2015 to June 30, 2016, the Defendant: (a) without agreement between the parties on the extension of payment period, the sum of KRW 45,858,315, and eight retirement allowances of KRW 68,96,711, including KRW 3,92,10,00 of the F retired in May 1, 2015.