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(영문) 인천지방법원 2016.06.10 2016고정1306
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of the C Cooperatives (the chairperson) located in Gyeyang-gu Incheon Metropolitan City B 102 and is an employer who runs a financial business with 18 full-time workers.

The defendant did not pay part of D's wages (106,00 won for overtime work, bonuses of 480,000 won) in April 2015, 2015 (106,000 won for overtime work, of 480,000 won for overtime work, of 634,000 won for overtime work, of June 2015 (634,000 won for overtime work, of 2,80,000 won for bonuses of 634,00 won, of 2,514,00 won for overtime work, of 634,000 won for overtime work, of 634,000 won for overtime work, and of 634,000 won for overtime work, of July 2015, of 208, of 08 won for overtime work (634,000,000 won for overtime work, of 08,008 won for overtime work).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes on the wage ledger, detailed statement of benefits, details of passbooks, and details of money and valuables in arrears;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 43 of the Act on the Standards for Optional Labor, and Selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 59 Section 1 of the Criminal Code of the Suspension of Sentence [No record exists that the defendant has been punished for the same kind of crime, and his mistake is divided and reflected.]

In addition, the crime of this case was found to have been committed by the defendant while seeking a scheme for normalization of management at the time, and it was found that the defendant was unable to properly know the duty to pay the relevant wages during several disciplinary actions against the victimized worker. After the investigation process, the unpaid amount was confirmed, the damage suffered by the victimized worker was fully paid.

In addition, comprehensively taking into account all kinds of sentencing conditions, such as the defendant's age, environment, occupation, and sexual conduct

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