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(영문) 수원지방법원 2017.11.15 2017고정1879
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On November 3, 2016, the Defendant was sentenced to one year and four months of imprisonment for a crime of fraud in the assistance in the development of the method of flood control, and the above judgment was finalized on March 2, 2017. On September 20, 2017, the Defendant was sentenced to six months of imprisonment for a crime of fraud from the method of flood control on September 28, 2017, and the above judgment became final and conclusive on September 28, 2017.

The defendant is an employer who operates the tea manufacturing business and special tea manufacturing business using 7 full-time workers as the actual managers of C Co., Ltd. in the wife population B.

The Defendant did not pay KRW 2,50,000,00 in total, as wages of KRW 1,00,000 on November 2, 2014, and of KRW 1,50,000 on January 2, 2014, and KRW 500,000 on January 2, 2015, to employees D who worked in the said workplace from January 2, 2014 to May 15, 2015, without an agreement between the parties on the extension of the payment date, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police petitioner against D;

1. Details of confirmation of facts, such as telephone (20 pages of investigation records);

1. Previous convictions: Inquiry about criminal history, inquiry about summary information of case A, and application of each one of the court rulings;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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