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(영문) 인천지방법원 부천지원 2017.11.02 2017고정897
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the representative of the C Co., Ltd., located in B and 112 Dong 802, and is an employer who runs a specialized construction business by using full-time workers. While working at the above workplace and on June 30, 2016, the Defendant did not pay KRW 4,763,400, respectively, of retired workers D and E’s wages, within 14 days from the date of the above 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. Application of Acts and subordinate statutes of D and E of the Amnesty Statement (including a list 3 and a list)

1. Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment for Facts constituting an offense, and Article 109 (1) and (36 of the same Act;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not appear to have been led to the failure to pay wages in bad faith or in bad faith, except for the confession, reflectivity, and the two times before and after a fine is imposed on the same person. The substitute payment of KRW 4 million is deemed to have been paid to each of the above workers.

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