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(영문) 대전지방법원 천안지원 2015.10.22 2015고정757
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the payment of wages remains unpaid.

Reasons

Punishment of the crime

The Defendant is a D business owner located in Seo-gu, Seo-gu, Seoan-gu, Seoan-gu, and is an employer who operates service business after employing five regular workers.

When an employer enters into a labor contract, he/she shall specify and deliver in writing matters concerning the composition items, calculation method, and payment method of wages to the workers.

Nevertheless, when concluding a labor contract with workers E on January 15, 2015, the Defendant did not specify and deliver in writing matters concerning the constituent items, calculation method, and payment method of wages.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of the F’s written Acts and subordinate statutes;

1. Relevant Article 114 of the Labor Standards Act and Articles 114 subparagraph 1 and 17 of the Labor Standards Act concerning criminal facts;

1. Penalty fine of 200,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The reason for sentencing under Article 59(1) of the Criminal Act of the suspended sentence is that the defendant paid a worker E an unpaid wage, and the worker E does not want the punishment of the defendant, the defendant has no record of criminal punishment except a fine imposed once due to the crime of this kind, and the defendant recognizes the crime and reflects it, and the defendant's age, character and conduct, environment, etc. as well as various conditions of sentencing specified in the arguments of this case shall be determined as the order.

Public Prosecution Rejection Parts

1. The gist of the facts charged is that the Defendant is DD business owner located in Seo-gu, Seoan-gu, Seoan-gu, and runs service business after employing five full-time workers.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant’s wages on February 2015, part 1.

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