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(영문) 의정부지방법원 고양지원 2019.09.26 2019고정322

근로기준법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. and two years of suspension of execution on February 25, 2012, and the judgment became final and conclusive on February 25, 2012. On April 18, 2014, the Defendant was sentenced to two years of suspension of execution for eight months of imprisonment with prison labor for fraud, and that judgment became final and conclusive on May 28, 2015.

The defendant is the representative director of C in Ilyang-dong, Busan-si, who is a user who runs a motor vehicle maintenance business using ten regular workers.

The Defendant did not pay KRW D’s total amount of KRW 750,00 on April 16, 2011, which worked from April 16, 2011 to July 30, 2011; KRW 1,500,000 on July 3, 2011; and KRW 100,000 on August 3, 201 to August 25, 201; and KRW 2,50,000 on August 20, 201; total amount of money and valuables, including KRW 5,719,710 on total of KRW 7,219,710 on the date of retirement, within 14 days from the date of retirement without agreement on the extension of payment period between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Summary order (at least 2012 highest 2704);

1. Previous convictions in judgment: Inquiry into criminal records and investigation records, and application of each statute of the judgment;

1. Article 109(1) and Article 36 of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Selection 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. Article 62 (1) of the Criminal Act (see, e.g., the fact that a suspended sentence is recognized and reflected, and the fact that a judgment has become final and conclusive together with each of the crimes in which the sentence is being tried for an equitable and long period);

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