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(영문) 서울서부지방법원 2018.01.26 2017고정1186
근로기준법위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is an employer who runs a construction business by employing six full-time workers as the representative of C Co., Ltd. with the 10th floor of Yongsan-gu Seoul Metropolitan Government. The Defendant did not pay the total amount of KRW 1,419,350 for January 1, 2017, KRW 2,000 for February 2, 2017, KRW 5,225,80 for KRW 1,806,450 for March 2017, KRW 20 for KRW 30 for the period from November 28, 2016 to March 16, 2017, KRW 1,410 for workers who retired from office within 0,000 for 20,000 for 30,000 won for retirement and 1,000,000 won for 20,000 won for 20,000 won for retirement and 20,70,000 won for 20.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

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

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

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

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