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(영문) 수원지방법원 성남지원 2016.01.07 2015고정1190
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

Attached Form

In the criminal facts 6,77,840 won in total, 16,47,840 won in total, 2,399,90 won in total, 2,399,90 won in total, among two workers during the criminal facts 12 during the criminal facts 6,7 and 10, the phrase “24,146,368 won in total, among the nine workers’ retirement allowances” is changed to “3 workers’ retirement allowances 13,257,478 won in total.”

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of fact-finding representative, average wages and retirement allowances calculation statement;

1. Application of Acts and subordinate statutes on a petition;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act with the detention in a workhouse

1. This part of the facts charged is identical to the part concerning the Nos. 2, 3, 5, and 15 of the particulars of the money and valuables that are not paid to each individual of the facts charged.

2. Determination - Cases falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, for which a public prosecution cannot be instituted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act - Article 327 subparag. 6 of the Criminal Procedure Act (a declaration of non-prosecution after a public prosecution)

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