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(영문) 창원지방법원 마산지원 2013.08.21 2013고단282

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 is an employer as a person in charge of business management of C, a corporation mainly engaged in the steel structure manufacturing business, etc., in Haak-gun B in the Haak

The Defendant, like the sequence 1, 2, 4, 5, and 7 of the detailed statement of the money and valuables in arrears in attached Form 1, 2, 4, 5, and 7, did not pay 24,410,440 won in total to five workers retired from the above workplace without an extension of the date until 14 days from the date

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Each written petition;

1. Status of unpaid benefits;

1. Application of statutes on the current status of oil unpaid;

1. Articles 109 (1) and 36 of the Labor Standards 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. Rejection of public prosecution under Article 62 (1) of the Criminal Act;

1. The gist of the facts charged is that the Defendant is an employer as a person in charge of business management of C, a corporation mainly engaged in the business of manufacturing steel structures, etc. in Haan-gun B.

The Defendant did not pay the total amount of KRW 6,845,960 to 18 workers who worked and retired from the above workplace as stated in the Nos. 3, 6,8, and 23 of the detailed statement of the money and valuables in arrears in attached Form 3, 6, and 8 to 14 days after the date of each retirement.

2. Reasons for dismissing the public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act, Article 109 (2) of the Labor Standards Act.