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(영문) 수원지방법원 2016.04.06 2015고정1262
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant was engaged in the military supply clothing manufacturing business by using ten full-time workers as the representative director of the D-A-A-U-U-U-U-U-U-U-U.S.

1. From February 6, 2014, the Defendant did not pay wages of KRW 2,187,880 on April 4, 2014; KRW 3,343,940 on May 2, 2014; KRW 843,940 on July 2014; KRW 343,940 on August 2014; KRW 3,343,943,940 on September 6, 2014; and KRW 1,402,297 on October 2014 (total KRW 11,465,937) on the tenth day of the following month, each of which was the payment date of wages.

2. While the Defendant temporarily shuts down business by refusing to receive labor provided by workers E from October 14, 2014 to October 31, 2014, the Defendant did not pay KRW 1,359,149, which is the date of payment of the annual average wage, in an amount equivalent to 70% of the annual average wage.

3. On December 23, 2014, the Defendant did not pay KRW 2,216,455 in advance of dismissal allowances while dismissing employees E without dismissal.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s legal statement statutes;

1. Article 109 (1), Article 43 (Conduct of Payment of Wages), Article 109 (1), Article 46 (Conduct of Payment of Leave Allowances), Article 110 subparagraph 1, Article 26 of the relevant Act concerning facts constituting an offense, and Articles 109(1), 109(1), and 46 of the Labor Standards Act concerning the selection of penalties, and the selection of fines;

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

1. It is necessary to punish a criminal defendant with the reason for sentencing of Article 334(1) of the Criminal Procedure Act in light of the fact that he/she repeats a crime even though he/she had been tried for the same kind of offense, and that it is difficult to legally recognize the payment of wages, and that the payment of wages is continuing

However, in consideration of the fact that the Gyeonggi Regional Labor Relations Commission has paid the amount of settlement around July 2015 after reconciliation, the sentence shall be determined as ordered.

Rejection of Public Prosecution

1. The Defendant’s summary of the facts charged is from November 1, 2014.

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