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(영문) 의정부지방법원 2013.10.25 2013고단946

근로기준법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant, as a representative of S company in R in South Yang-si, has employed 30 full-time workers and operated a construction business.

The Defendant worked from May 4, 2012 at the site of the character house construction work in T in Nam-si, and did not pay KRW 2,860,000,00,000, including U workers retired from office around September 28, 2012, within 14 days from the date of occurrence of the cause for payment without an agreement between the parties on the extension of the due date for payment, and did not pay 29,626,00,000 in total for 10 persons as described in Nos. 3, 5, 8, 860,00 from the date of occurrence of the cause for payment without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police about C and V;

1. Each power of attorney;

1. Application of Acts and subordinate statutes to details of overdue money and valuables;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The dismissal of public prosecution under Article 62 (1) of the Criminal Act (the amount of overdue wages shall be reasonable, the number of previous departments shall be disadvantageous; however, it appears that efforts have been made to recover damage, such as an agreement with 15 workers among 25 persons after prosecution, and the reasons for the delayed payment of wages, etc.);

1. From May 4, 2012, the summary of the facts charged: (a) a retired worker C who had worked for the said business from around September 28, 2012 and had not paid KRW 5,400,00 for the month of July 7, 2012, the month of September, and the amount of KRW 14 days from the date of the occurrence of the cause for payment without an agreement on extension of the due date for payment between the parties concerned; and (b) a total of 15 members, as described in Nos. 1, 2, 4, 9 through 12, and 18 through 25 of the list of crimes in the attached Table, did not pay KRW 45,545,00 for the total amount of wages and retirement allowances within 14 days from the date of the occurrence of the cause for

2. The facts charged in this part of the judgment are as follows.