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Reasons
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(영문) 인천지방법원 부천지원 2013.07.12 2013고정989
근로기준법위반
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a user who ordinarily employs 10 workers and engages in personal construction business, and is engaged in construction work by subcontracting the Gangseo-gu Seoul Metropolitan Government B Apartment Construction Work, employing the victim C and the victim D.

1. From April 12, 2012 to September 19, 2012, the Defendant failed to pay the victim C wages of the sum of KRW 1,135,000,00, which is the victim C’s wage of August 2, 2012, who is an employee working at the construction site of the Gangseo-gu Seoul Metropolitan Government apartment construction site, and the amount of KRW 1,135,000, which is the wage of September 2012, and the amount of KRW 715,000, which is the wage of KRW 715,000, without an agreement on the extension of the payment deadline, within 14 days

2. The Defendant did not pay the victim D wages amounting to KRW 1,165,00 in total, including the victim D’s wage of KRW 450,00,00 for August 2, 201, who worked at the construction site specified in the preceding paragraph from around December 2, 201 to September 19, 201, and the victim D’s wage of KRW 715,000 for September 2, 2012, and KRW 1,165,000, without agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of D and C;

1. Relevant Articles 109(1) and 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. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (General Considerations, such as the following: (a) the motive means to commit the instant crime; (b) the age and conduct environment of the Defendant; (c) the confession of the instant crime; and (d) the payment of all

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