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(영문) 대전지방법원 서산지원 2020.04.02 2019고정283
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Attached Form

Criminal facts

same as the entry

(Provided, That the defendant shall be the defendant). Summary of the evidence

1. Part of the police interrogation protocol of the defendant

1. The written statement of the police against B (the defendant asserted that the defendant was not dismissed because he voluntarily retired, but the defendant cannot work as the same person due to his work attitude in B, and the fact of dismissal can be recognized in light of the fact that the defendant told that he would work as another company because he could not work as the defendant because he did not work as the other company).

1. Article 109 (1) and Article 36 of the Labor Standards Act on criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Punishment, etc., Article 110 subparagraph 1 and Article 26 of the Labor Standards Act, Article 114 subparagraph 1 and Article 17 of the Labor Standards Act (a failure to provide written statements on working conditions) concerning punishment;

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

1. Articles 70 (1) 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 shall be prescribed by comprehensively taking into account the circumstances, contents, degree of damage, circumstances after the crime, etc.

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