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(영문) 수원지방법원 성남지원 2020.03.25 2019고단1606
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Four copies of a retirement calculation statement, and the details of the overdue money and valuables in arrears, which shall be applied by statutes;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Articles 109(1) and 36 of the Labor Standards Act (which means the payment of wages to D and E); Articles 109(1) and 36 of the same Act (which means the payment of unpaid wages); Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act (which means the payment of unpaid retirement allowances)

1. Articles 40 and 50 (Punishments on the violation of the Labor Standards Act for the same worker and on the violation of the Guarantee of Workers' Retirement Benefits Act, which are more severe in punishment or crime;

1. Selection of each alternative fine for punishment;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant’s total sum of the unpaid wages and retirement allowances paid to four workers is not less than 75 million won.

However, the Defendant has to make every effort to pay the overdue payment in response to the mistake, and 35,888,426 out of the overdue payment was paid to the employees later.

The defendant does not have any previous record in addition to those subject to a fine twice because he/she could not pay other workers of the same company wages and retirement allowances at a similar time.

In addition, the defendant's age and health, family relations and living environment, details and result of a crime, and circumstances revealed in pleadings shall be determined as ordered in consideration of the overall circumstances revealed after the crime.

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