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(영문) 수원지방법원 2018.01.31 2017고단5530
근로기준법위반
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

The defendant is an employer who runs a construction business with 13 full-time workers in Suwon-si B.

The Defendant, from December 3, 2016 to January 31, 2017, worked as a steel-replace in the construction site of neighboring neighborhood living in Yeongdeungpo-gu, Young-gu, Chungcheongnam-gu, and retired, and the Defendant did not pay 3,400,000 won in total of wages for 11 employees within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, as shown in the list of crimes in the attached Table (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the laws and regulations of the standard subcontract contract, each written appeal, written payment of wages, each ledger of daily benefit, each fact-verification, and the standard subcontract contract;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and selection of fines;

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. The fact that there was a history of punishment for the same criminal record as the sentencing of Articles 70(1) and 69(2) of the Criminal Act, the Defendant’s confession of the instant crime, and the fact that the Defendant is against the duty to pay wages, and other consideration of the details of and the amount of unpaid wages, etc.

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