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Reasons
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(영문) 수원지방법원 2015.11.25 2015고정1348
근로기준법위반등
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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

The defendant, who is in Suwon-si F, operated the manufacturing industry by using 30 full-time workers, as the representative director of G in the agreement center.

The Defendant did not pay KRW 1,30,00 of wages for September 1, 2014 to workers H, who worked from May 1, 2014 to September 30, 2014; ② wages for September 1, 2014 to September 30, 2014; ③ (i) KRW 1,30,000 of wages for workers; and (ii) labor for an extended period from August 29, 2014 to October 21, 2014; (iii) labor for an extended period from 2,098, 28, 280 won to 2,00 won to 3,00 won to 2,00 won to 3,00 won to 2,00 won to 3,08,000 won to 2,000 won to 4,000 won to 2,038,000 won to 2,000 won to 2,014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of H, I, J, K, and L;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for 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. Article 334(1) of the Criminal Procedure Act of the provisional payment order has no previous record of the same kind of sentencing, reflects the fact, and efforts to pay wages, and the procedure for the payment of substitute payments is underway upon the declaration of bankruptcy by a corporation run by the defendant.

Public Prosecution Rejection Parts

1. The summary of the facts charged is as follows: (a) the Defendant was working at a workplace having served between September 13, 2014 and September 30, 2014 in the amount of wages of KRW 720,000 for workers B, and (b) the amount of wages of KRW 528,00 for September 11, 2014 to September 30, 2014; and (c) the amount of wages of KRW 528,00 for workers who served between September 11, 2014 and September 30, 2014.

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