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(영문) 수원지방법원 2018.02.08 2017고정2298
근로기준법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2017 High Court 2298] Each “suspect” is as listed in attached Table 1, except for the case where each “suspect” is deemed as a “defendant.”

[2017 High Court 2299] Each “suspect” is as listed in attached Table 2, except for the dismissal of each “suspect” as “Defendant.”

Summary of Evidence

[2017 High Court Decision 2298]

1. Statement by the defendant in court;

1. Statement by the labor supervisor for C;

1. A complaint and a petition;

1. Details of confirmation of fact, such as telephone (C) / [2017 fixed 2299];

1. Statement by the defendant in court;

1. Each written petition;

1. Application of Acts and subordinate statutes concerning confirmation of facts, such as telephone;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts; Article 44 Subparag. 1 and 9 of the Act on Guarantee of Retirement Benefits for each Workers; Article 114 Subparag. 1 and 17 of the Labor Standards Act on the grounds that facts constituting an offense are not paid;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to a violation of the Labor Standards Act for Workers D and E, and a violation of the Labor Standards Act for Workers' Retirement Benefits and the Guarantee of Workers' Retirement Benefits);

1. Selection of each alternative fine for punishment;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant’s wrong recognition of his/her fault, and the employee received a substitute payment with a significant portion of wages and retirement allowances, and the Defendant appears to have repaid the substitute payment made by the Labor Welfare Corporation. The Defendant, prior to committing the instant crime, has no record of being punished for the same kind of crime, shall comprehensively consider various circumstances that form the conditions for sentencing indicated in the record and determine the sentence as ordered.

Rejection of Public Prosecution

1. The Defendant, in the facts charged, is a G representative with the wife population F, who runs a private teaching institute with five full-time workers.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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