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(영문) 의정부지방법원 2019.08.22 2018고정1258
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

Except for adding the following matters to the two pages, it is listed in the separate facts of crime.

(However, the defendant changed the suspect to the defendant). The summary of the evidence "The defendant was sentenced to 6 months of imprisonment for breach of trust and 2 years of suspended execution by the Incheon District Court on May 8, 2019, and the judgment became final and conclusive on May 16, 2019."

1. The defendant's partial statement in the third protocol of trial;

1. Protocol of examination of the witness B;

1. The police statement concerning B;

1. Business registration certificate (the defendant claimed that he had no obligation to pay advance payment of dismissal because he had been in existence for the period of probation, but this court can be recognized by the evidence duly admitted and investigated as follows, namely, B consistently stated that there was no notification or agreement concerning the period of probation at the time of entering into an oral employment contract with the defendant; even if based on the defendant's assertion, there was no fact that a written employment contract stating the period of probation was written clearly, the defendant's assertion is without merit).

1. Relevant statutory provisions regarding criminal facts, Articles 110 subparag. 1 and 26 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply), the choice of fines for negligence, and the choice of fines.

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant crime are recognized and contrary to the recognition of the Defendant’s failure to pay wages during the instant crime. The Defendant’s failure to pay wages ought to take into account the fact that the employee B was actually paid, equity between the case where the judgment was rendered simultaneously with the final and conclusive breach of trust, and the Defendant’s age.

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