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(영문) 인천지방법원 2015.06.25 2014고단7240

근로기준법위반

Text

A defendant shall be punished by imprisonment with prison labor 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.

Reasons

Punishment of the crime

The Defendant is an employer who operates a restaurant using 19 full-time workers in the Seo-gu Incheon Seo-gu, Incheon, and the Defendant did not pay wages of 9 retired workers within 14 days from the date of retirement, without agreement on extension of the due date between the parties concerned, as well as 2,00,000 won for April 24, 2014 of K, working from April 27, 2014 to May 27, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol on L, M, N,O, P, K, Q, and R;

1. Application of the details of confirmation of telephone, etc.-related Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act as to criminal facts, and the choice of imprisonment, respectively;

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

1. Part of the dismissal of prosecution under Article 62 (1) of the Criminal Act (Unpaid amount and considering the absence of the same kind of power);

1. The summary of the facts charged is an employer who operates a restaurant with 19 full-time workers employed by the Seo-gu Incheon High Court. The Defendant did not pay wages of 10 retired workers within 14 days from the date of retirement without an agreement on extension of the due date for payment between the parties to the retirement, such as K’s wage of 2,00,000 won in April 24, 2014 to May 27, 2014, including the rate of 7,10, and 16.

2. Determination

(a) Crimes of non-compliance with an intention (Article 109(2) of the Labor Standards Act);

B. On March 26, 2015 and May 28, 2015, each worker’s expression of intention not to punish him/her.

(c) Grounds for judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);