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(영문) 수원지방법원 안산지원 2014.05.21 2014고정425
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The defendant is an employer who engages in artificial park construction business by using five regular workers as a proprietor of the Dintea, Dintea, 402, Dong No. 402, Ansan-si, Ansan-si.

The Defendant did not pay the sum of KRW 400,000 won for September 10, 2012 G from September 10, 2012 to October 14, 2012, KRW 300,000 for September 10 to September 15, 2012, KRW 300,000 for LI’s wages from September 11, 2012 to September 14, 2012; KRW 300,000 for 20,000 for 20,000 from September 25, 2012 to September 25, 2012; and KRW 9,000 for 20,000 for 20,000 won for wages from September 12, 2012 to October 3, 2012 to KRW 300,000 for 20,00 for 20,00 won for wages, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Transfer of reported cases (including attached documents);

1. Statement of offense;

1. Application of Acts and subordinate statutes to report investigation results;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for criminal facts;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the case where the defendant paid 2.5 million won to 7 workers in total, which is disadvantageous circumstances such as the defendant's failure to pay wages to workers, etc., in which the defendant recognized the crime of this case at latest, and reflects his mistake in depth, and there are some other favorable circumstances to take into account the unpaid wages, and at the trial of this case.

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