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(영문) 수원지방법원 2019.06.14 2018고정1689
근로기준법위반
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

Attached Form

The same as criminal facts

(Provided, That "suspects" shall be deemed to be "defendants"). Summary of evidence

1. Partial statement of the defendant;

1. B Legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of B’s petition, telephone statement, and Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017); Article 114 Subparag. 1 and Article 17 of the Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 201); the selection of each fine on criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (when a sentence of suspension of execution of punishment is invalidated or revoked, the time a fine is not paid);

1. Article 62(1) (see the reasons for sentencing below) of the Act on the Suspension of Execution [Article 62(1) (see the reasons for sentencing)] of the Criminal Act (“The defendant and his defense counsel”) asserts that the defendant does not constitute a violation of the Labor Standards Act since he paid the defendant a certain amount of money exceeding the unpaid wage as “other allowances” or additionally paid the amount of money of KRW 100,000 through KRW 200,000 per month. However, the defendant’s standard employment contract (Evidence No. 19-20 pages) prepared between the defendant and B stated extension allowances, holiday allowances, and the amount of and basis for calculation of night allowances, etc., and without any particular explanation, it is difficult to view that there is an agreement that the defendant will substitute the payment of the said allowances with the above “other allowances” or the additional amount of KRW 100,000 or KRW 20,000,0000,000,000.

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