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(영문) 서울남부지방법원 2015.06.01 2014고정3304

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The Defendant on July 19, 2013, who was sentenced to imprisonment for six months at the Seoul Central District Court on July 19, 2013 and on November 5, 2013, became final and conclusive.

The defendant is the actual manager of C Co., Ltd. in Yangcheon-gu Seoul Metropolitan Government, who is an employer who runs a construction business by employing five regular workers.

The Defendant is working in the foregoing workplace from November 1, 2012 to July 3, 2013.

D's retirement of KRW 2 million on March 2013, and wage of KRW 2 million on April 2013, 2013 did not pay KRW 4 million within 14 days from the date of retirement, without any agreement between the parties on extension of the due date.

The Defendant is a person driving a high-priced motor vehicle E. On May 21, 2014, the Defendant driven the said motor vehicle under the influence of alcohol with approximately 0.072% of the blood alcohol concentration at the section of about 1 Km for about 1 Km to the roadside located in the same Dong from the lower distance at the lower end of the drive of the city of Busan on May 21, 2014. < Amended by Presidential Decree No. 25183, May 21, 2014>

Summary of Evidence

"2014, 3304"

1. Written statements prepared D and F;

1. Instructions to correct violations of labor-related Acts and subordinate statutes;

1. Previous convictions: Court rulings and summary agreements of each case, "2015No627";

1. Police suspect interrogation protocol of the accused;

1. Notification of the results and results of the drinking driving control, and the application of Acts and subordinate statutes to report the situation of drinking driving;

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and selection of fines, respectively;

1. Dual concurrent crimes: The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act;

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

1. 2014 high-level3304: Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014); Articles 70(1) and 69(2) of the Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;