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(영문) 수원지방법원 안산지원 2019.09.27 2019고단2030

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

(e).

Reasons

Punishment of the crime

The defendant is an actual manager of E Co., Ltd. in Ansan-si, a member-gu, who is engaged in temporary work agency business by using five full-time workers.

1. Where a worker in violation of the Labor Standards Act retires, he shall pay the wages or retirement allowances within fourteen days after the cause for such payment occurred; and

The Defendant, working in the foregoing workplace from October 15, 2018 to December 3, 2018, and retired from office, did not pay KRW 2,292,580 of the FF’s total wages on November 1, 2018 and December 12, 2018 within 14 days from the date of retirement without an agreement between the parties to the extension of the due date, as stated in the attached Table of Crimes List, and did not pay the total wages of KRW 11,97,884 within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. A person who intends to dispatch workers in violation of the Act on the Protection, etc. of Temporary Agency Workers shall obtain permission from the Minister of Employment and Labor.

Nevertheless, from November 21, 2016, the Defendant dispatched workers to the above workplace without obtaining permission from the Minister of Employment and Labor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of G and H;

1. Each statement of F, I, and J;

1. Written complaints of F, I, G, and J;

1. The president of the H’s complaint;

1. Notification of new permission for temporary work agencies;

1. Business registration certificate, and full certificate of registered matters;

1. Notification of the results of analysis of digital evidence, reporting on the execution of an investigation, reporting on the investigation (report on the contents of Korean currency of a reference witness), reporting on an investigation (report on the contents of Korean currency of a reference witness), reporting on an investigation (report on the contents of Korean currency of a reference witness), reporting on investigation (report on the results of analyzing the details of

1. Article 109(1) of the relevant Act and Article 109(1) of the Labor Standards Act concerning criminal facts;