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(영문) 수원지방법원 성남지원 2020.04.24 2019고단2945
근로기준법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of E Co., Ltd. in Sungnam-gu Seoul Metropolitan Government C Apartment D and is an employer who runs a manufacturing business using two full-time workers.

From June 1, 2018 to March 31, 2019, the Defendant did not pay KRW 18,299,040,00,00 from the date of retirement without agreement between the parties on the extension of the due date, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Application of statutes on business registration certificates;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the amount of overdue wages for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not significant is disadvantageous, and the fact that the defendant recognized the crime and reflects it, and the circumstance that deemed the malicious payment of wages is not confirmed at the time of the crime, the fact that there was no punishment force at the time of the crime, and other punishment as ordered is determined in light of the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Public Prosecution Rejection Parts

1. In the facts charged, the Defendant is the representative of E Co., Ltd. in the Jung-gu Seoul Special Metropolitan City Co., Ltd. in the Jung-gu Seoul Special Metropolitan City Co., Ltd., who runs a manufacturing

From June 1, 2018 to March 31, 2019, the Defendant did not pay KRW 33,085,830,00,00 from the date of retirement within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as shown in the attached crime list.

2. This part of the facts charged pertains to Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019).

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