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(영문) 인천지방법원 부천지원 2020.06.02 2019고정726
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

Attached Form

Criminal facts

For the purposes of subsection (b).

(Provided, That "suspects" are "defendants"; hereinafter the same applies) summary of evidence.

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes on the protocol of statement to the police petitioner B and the defendant, the respondent, to the Act;

1. Article 114 Subparag. 1 and Article 17(2) of the former Labor Standards Act (amended by Act No. 15513, Mar. 20, 2018) on criminal facts

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. As stated in the separate facts charged in this part of the facts charged

2. This part of the facts charged is an offense falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019) and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and is not prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records of this case, it is recognized that the victim expressed his intention not to be punished against the defendant after the prosecution of this case. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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