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(영문) 수원지방법원 2016.08.17 2015고단5430

근로기준법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is an employer who runs a construction business by employing five full-time workers without any specific trade name.

From June 17, 2014, the Defendant worked at the new construction site B located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and did not pay 31,860,000 won in total for workers C' wages of 23 workers on July 7, 2014, as stated in the list of crimes in the attached Table of Crimes, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. C, E, F, G, H, and I’s statements;

1. Written petition of J, K and L;

1. Application of statutes, such as a proxy copy;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;