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(영문) 인천지방법원 부천지원 2014.02.13 2013고정1887
근로기준법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, as the representative director of E (ju) located in Orcheon-gu, Ocheon-gu D, the defendant is an employer who operates a mobile phone parts manufacturing business by employing 30 full-time workers.

The defendant from February 4, 2013 to the same year.

4. Until February 15, 2013, the sum of KRW 1,246,59,570 paid monthly wage of February 2013 and KRW 2,459,160 paid monthly wage of March 2013 and KRW 1,212,570 paid as well as KRW 1,3,44,6,980 paid as stated in the separate list of crimes, and KRW 15,031,980 paid as the sum of the nine victims’ wages, as described in the separate list of crimes, did not reach an agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the relevant Acts and subordinate statutes to each authentic statement and each statement of overdue money and valuables;

1. Article 109 (1) and Article 36 of the Labor Standards Act and Articles 109 (1) and 36 of the Labor Standards Act concerning 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the amount of damage of this case for sentencing reasons under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not much significant, the defendant seems to have been making considerable efforts to recover damage by breaking his mistake, the defendant has no record of punishment for the same kind of crime, and other circumstances of this case which are conditions for sentencing, such as the defendant's age, character and conduct, family relationship, and circumstances after the crime, shall be determined as ordered by the order.

Public Prosecution Rejection Parts

1. The Defendant, as the representative director of E (ju) located in Orcheon-gu, Ocheon-gu, Ocheon-si, is an employer who operates a mobile phone parts manufacturing business by employing 30 full-time workers.

The defendant from February 14, 2013 to the above workplace, and the same year from February 14, 2013

4. The same year from February 2013 to February 2013, the sum of 846,855 won, and the wage of 1,213,785 won for March 2013, and 2,060,640 won, and the same year from February 21, 2013 to February 201.

4.1. Wages of February 2013 of the victim C who retired while serving until February 201.

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