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(영문) 수원지방법원 안양지원 2016.04.07 2015고정1168
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd. in the Sungnam-gu Seoul Metropolitan City, Sungnam-si, who was engaged in construction business with six full-time workers.

Wages for workers shall be paid at least once a month on a fixed date.

Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.

Nevertheless, from February 20, 2014 to April 20, 2014, the Defendant did not pay KRW 1,350,000 on April 20, 2014, which had worked as a field manager at the above workplace, on a regular wage payment date, and the Defendant did not pay KRW 1,350,000 on May 20, 2014, which was the regular wage payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by special judicial police officers to E;

1. Investigation report (refusing a copy of the work status ledger, etc.); and

1. Labor contract;

1. Application of statutes regarding inquiries into places of employment insurance;

1. Relevant Article of the Act on Criminal Facts and Articles 109(1) and 43(2) of the Act on the Standards for elective Labor (generally, 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 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e., Supreme Court Decision 2010Do1148, Jun. 30, 2010)

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