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(영문) 수원지방법원 2013.11.06 2013고단1189

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 this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the actual manager of D Co., Ltd. who runs restaurant business with 20 regular workers.

[2013 Highest 1189] The Defendant works in D’s workplace located in Young-gu, Young-gu, Young-gu, Seoul, around September 20, 2012, and from September 5, 201 to September 6, 2012

The amount of 6,834,540 won, total of 2,051,920 won, wage of August 2012, wage of 2,350,990 won, wage of 172,49,90 won in September 2012, and money and valuables of 2,259,140 won in total, and money and valuables of 6,834,540 won in September 2012, were not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date between the parties, as stated in subparagraphs 1 through 6, 8, and 12 of the attached list of crimes, and did not pay 39,027,250 won in total for 11 workers, as stated in subparagraphs 1 through 6, 8, and 12 of the attached list of crimes.

[2013 Godan3421] The Defendant is working from the original datum of D Co., Ltd. on the second floor of Seongdong-gu G building in Changwon-si, Changwon-si, Seoul, around February 16, 2012, from December 21, 201 to February 2, 2012.

A retired H’s work from January 2012, 735,812, and labor from August 8, 2011 to February 28, 2012.

Retirement I’s wages of February 2012, 668,291, and work from December 17, 201 to January 24, 2012.

The retired J's total amount of KRW 1,884,103, including the wage of KRW 480,000 on January 201, was not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

Summary of Evidence

[2013 Highest 1189]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Each petition and statement of K, L, M, N,O, P, F, Q, R, T, T, and C;

1. A complaint [2013 Highest 3421]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a complaint, detailed inquiry into a workplace, certificate of closure, and certified transcript of register;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;