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(영문) 수원지방법원 2017.09.21 2017고정1804
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Each "suspect" shall be as stated in the crime in the attached Form except where each "suspects" is dismissed as "defendants".

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each labor supervisor for B and C;

1. Application of each relevant statute;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense; Article 44 Subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (out of Payment of Retirement Benefits); Article 110 Subparag. 1 and Article 26 of the Labor Standards Act (out of Payment of Pre-paid Allowances); Article 116 of the same Act (out of Payment of Pre-paid Allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 50 (Joint Crimes of Violation of the Labor Standards Act for C and Violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each alternative fine for punishment;

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. 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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