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(영문) 수원지방법원 안산지원 2016.08.30 2016고정40
근로기준법위반등
Text

1. As to the crime of this case at least 4,5 times a year in the sight table of annexed crimes among the crime of this case

A. The defendant is punished by a fine of one million won.

Reasons

Punishment of the crime

Attached Form

Criminal facts

The summary of the evidence of the crime committed at least 4,5 times per annum (Provided, That "suspect" is corrected to "Defendant").

1. Statement by the defendant in court;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act with the detention in a workhouse

1. The summary of the facts charged is as indicated in the table of crime Nos. 1, 2, and 3 in the table of crime (Provided, That “suspect” shall be corrected to “Defendant”;

2. Determination and conclusion

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. Each victim's non-existence of punishment after the prosecution of the instant case

(c) Dismissal of each public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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