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(영문) 수원지방법원 2017.05.18 2016고정2946
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

Each "suspect" shall be as stated in the crime in the attached Form except where each "suspects" is dismissed as "defendants".

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by each labor supervisor for C, D, E, and F;

1. Each reply of C, D, H, E, and F to the G A petition;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Subparagraph 1 of Article 114 of the Labor Standards Act, Article 117 of the same Act (which means a failure to provide a written statement clearly stating the terms and conditions of employment), Article 109 (1), and Article 36 of the same Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the same Act concerning retirement benefits for each worker (which refers to a failure to pay wages);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each fine for each crime except for a violation of each Labor Standards Act due to failure to prepare a document stating the working conditions, which only provides for the selective fine for a penalty, due to failure to pay such document;

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

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