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(영문) 수원지방법원 안산지원 2019.08.09 2018고단4234
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who has employed three full-time workers at the site of the H-si New Construction Work in Yongsan-si and operates I of a limited company of a construction company.

The Defendant works at the construction site above from March 15, 2018 to April 30, 2018.

The retired JJ's total wages of KRW 1,920,00,000, from March 26, 2018 to May 8, 2018.

The retirement K's total wages of KRW 5,760,00,000, including the total wages of KRW 3,840,000, did not pay 5,760,000 without justifiable grounds, even after the lapse of 14 days from the date of retirement, without any agreement on the extension of

Summary of Evidence

"2018 Highest 4234"

1. Defendant's legal statement;

1. Statement to J police officers;

1. Written Statement;

1. Application of the Acts and subordinate statutes of J or K of a complaint and a petition;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for criminal facts;

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. According to Article 334(1) of the Criminal Procedure Act, the amount of unpaid wages paid to two workers for the sentencing of Article 334(1) is 5.76 million won in total, the violation of the Labor Standards Act has a record of six times punishment, and there is no record of criminal punishment exceeding the fine since 2007, and there is no record of criminal punishment exceeding the fine, and other various sentencing conditions shown in the trial process, including the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined

Public Prosecution Rejection Parts

1. In the facts charged, the Defendant is an employer who has employed three full-time workers at the H-built construction site and operated I as a limited company of a construction company.

The Defendant worked from March 8, 2018 to May 8, 2018 at the above construction site.

B’s total wage of KRW 6,630,000, and labor from April 1, 2018 to July 31, 2018.

Retirement C’s total wages of KRW 7,700,000, and labor from April 1, 2018 to June 30, 2018.

5,00,000 won in total of the wages of retired D;

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