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(영문) 전주지방법원 2017.02.07 2016고정624
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[2016 fixed 624] Wages must be paid in full directly to workers in currency.

Defendant is the representative director of D Co., Ltd. (hereinafter referred to as “D”) located in Jeonju-si Seoul Special Metropolitan City.

On July 2015, the Defendant paid KRW 24,601,650 out of the wages of KRW 206,530, out of the wages in July 2015 of E-employee E, working as a maintenance personnel, from July 2015 to February 2016, the Defendant did not pay KRW 24,601,650 out of the wages of 112 workers, as shown in the attached Table 1 and 2, from around February 2016.

[2016 High Court Decision 937] Wages must be paid in full directly to workers in currency.

The defendant is the representative director of the DJ in the Full-Time City C of Jeonju-si.

The Defendant did not pay KRW 2,112,740 on April 4, 2016 of the worker F who worked as a driver from “D” as well as KRW 368,468,940 on the total amount of wages of 102 workers, such as the three attached crimes table 3.

Summary of Evidence

[2016 High Court Decision 624]

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Each complaint [2016 High Court Decision 937];

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each complaint;

1. Application of Acts and subordinate statutes to investigation reports (report on receipt of a detailed statement of payment of bonuses every quarter of 1/4);

1. Article 109 (1) and Article 43 of the Act on the Standards for Preliminary Labor for Crimes and Articles 109 (Selection of Punishment) of the same Act;

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 amount of wages in arrears for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, which the Defendant had been in arrears, is the maximum amount.

The defendant has committed the same crimes several times.

However, the Defendant paid the late payment of the overdue wages.

In addition to these circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following factors: Defendant’s age, sexual conduct, details and details of the crime, and circumstances after the crime.

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