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(영문) 광주지방법원 목포지원 2012.08.14 2011고단1605

임금채권보장법위반

Text

1. The defendant A and B shall be punished by imprisonment for six months;

However, each of the above penalties shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A and Defendant B are the vice head of the vessel block manufacturing department (ju) C in Yong-Namnam Cancer G, and they exercise overall control over general affairs, personnel affairs, rental, etc., and Defendant B is the officer in charge of management as the (ju) C Executive Director.

(A)H (I), J (K) and L (M) enter into a subcontract with the Company from January 2010 to (State) from (State) in the workplace of the C (State) in order to avoid the duty of payment of overdue wages by settling a substitute payment paid from the Wage Claim Guarantee Fund established by the national budget for the employees under its control through liquidation of the overdue wages by means of a substitute payment for the Wage Claim Guarantee Fund established by the national budget. (i) When the vessel block manufacturer was faced with difficulties due to the cumulative business management difficulties due to the accumulation of overdue wages and delinquent taxes, and the cumulative amount of debts; (ii) the vessel block manufacturer continued to operate the vessel block manufacturer by closing the respective enterprises and borrowing the name of the business; and (iii) the employees’ overdue wages were liquidated by means of a substitute payment paid from the Wage Claim Guarantee Fund.

Accordingly, I arranged that H waives its business as of September 1, 2010, and changed the trade name of “N” established in advance from around July 2010 to “O,” and continued to operate a vessel block manufacturer by entering into a subcontract with the same content as “C” as “B,” as of October 1, 2010, and K continues to operate a vessel block manufacturer by entering into a subcontract with the same type as “B,” as of September 1, 2010, and establishing Q Q as of the same date with the name of “P,” and entering into a subcontract with the same content as “C,” M continues to operate a vessel block manufacturer by preparing a memorandum of business abandonment as of September 1, 2010 and entering into a subcontract with the same name as “S, limited company” as of July 1, 2010, and changing the trade name of “S,” which was established in advance and entered into a subcontract with “S, 201.