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(영문) 서울남부지방법원 2016.05.03 2016고정364
폭행등
Text

A defendant shall be punished by a fine of 600,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2016 High 364] The Defendant is a person who operates a cosmetic, and the victim C (23 tax, female) was an employee of the cosmetic.

On November 23, 2015, the issue of delayed payment of wages was that of attending the Southern Branch Office of Ministry of Labor. The defendant, around 12:50 on November 23, 2015, had the victim attend the meeting of the Southern Branch Office of Seoul, Yeongdeungpo-gu, Seoul, for the above reasons, in the elevators of the 120 branch office of the Ministry of Labor, and assaulted the victim by having the victim attend the meeting of the victim and the marier, and by having the victim attend the meeting twice due to the loss.

The defendant of "2016 High 365" is a business operator who operates beauty art business using three full-time workers as a representative of the mountain points in Gangseo-gu Seoul Metropolitan Government D and B located in No. 201.

A. When the Defendant entered into a labor contract with C that retired from office from January 3, 2015 to October 16, 2015 at the said workplace, the Defendant did not prepare and deliver to C documents stating the working hours specified in the calculation method of wage constituent items, holidays under Article 5, and paid leaves under Article 60.

B. The Defendant did not pay KRW C’s wages of KRW 74,193 in October 2015, which was retired from his/her workplace from January 3, 2015 to October 16, 2015, to 14 days after the date of his/her retirement without any agreement between the parties on the extension of the payment period.

Summary of Evidence

1. "2016 High Court 364 High Court Decision 2016No. 364" common evidence for each case in which the defendant has made legal statements;

1. Statement made to C;

1. Each investigation report "2016 high-level 365";

1. Application of the relevant Acts and subordinate statutes to a petition and a written statement (the details of wage transactions and the Kakao Stockholm letters);

1. Article 260 of the Criminal Act applicable to the facts constituting an offense, Article 260 of the Criminal Act (the point of violence, the selection of fines), Articles 109(1) and 36 of the Labor Standards Act (the point of failing to pay wages, the selection of fines), Articles 114 subparag. 1 and 17 of the Labor Standards Act (the point of failing to prepare a labor contract);

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

1. Article 70 of the Criminal Act to attract a workhouse.

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