logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.07.22 2016고단670
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is an employer who employs 10 full-time workers as the representative of W in the 3rd floor of the Bupyeong-si Seoul Special Metropolitan City V Building, and runs the educational service (distancely and externally) business.

Defendant, as well as X-X’s wage 480,00 won for October 1, 2015 through December 31, 2015 at the same place of business, was employed by the Defendant, and did not pay the total amount of wages from 40 (I), 41 (J), 50 (U), 58 (M), 62N, 15 (D), 16 (R), 18 (E), 25 (E), 31 (F), 34 (T), 38 (G), 39 (H), 40 (I), 47 (K), 47 (L), 50 (U), 58 (M), 62 (N), 62), 68 (M), 68 (M), 67 (36), 78 (36), 78 (G), 786) and 47 (76) of each party’s retirement benefits, 78 (P86) and 78 (3) of each party’s retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. A written investigation of the suspect against the defendant;

1. Statement of each landscape made to Y, Z, and U, and the details of the delay in payment attached thereto;

1. Application of Acts and subordinate statutes to the Y, Z, U’s written appeal and the details of money and valuables in arrears attached thereto, average wages, and the calculation of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the violations of the Labor Standards Act for the same worker and the violation of the Guarantee of Retirement Benefits for the same worker);

1. Selection of each sentence of imprisonment;

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 dismissing the public prosecution pursuant to Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the suspended execution (see, e., Supreme Court Decision 2006Da14488, Apr. 2,

1. The summary of this part of the facts charged is that the Defendant employs 100 full-time workers as the 3rd floor of Taecheon-si, Seocheon-si V Building (ju).

arrow