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(영문) 창원지방법원 2015.08.18 2015고단1090

임금채권보장법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 19, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor at the Changwon District Court for fraud, etc., and the execution of the sentence was terminated upon the expiration of the parole period on August 14, 2012, which was paroled on September 16, 2012.

The Defendant, from March 21, 2008 to November 26, 2013, operated the manufacturing business of shipbuilding machinery and equipment under the trade name “D” from Kim Sea C.

Where an employee who has retired due to the bankruptcy, bankruptcy, etc. of a business owner claims the payment of wages, etc. that have not been paid by the business owner, a substitute payment shall not be made on behalf of the business owner, by fraudulent or other illegal means.

Nevertheless, the Defendant: (a) around September 2013, when the company was faced with the insolvency crisis; (b) paid all wages of all employees from September 2013 to November 201, 2013 to F, the general manager of the company, in cash; (c) reported as if there were unpaid wages to the Ministry of Employment and Labor; and (d) ordered the Defendant to return a substitute payment if the substitute payment was made; (c) upon the Defendant’s order, F prepared an application document for a false substitute payment as if the said three-month payment was unpaid; and (d) made a request for substitute payment to G, H, I, J, and K, the employees of the said company, in cash, for the said three-month payment, in cooperation with the Defendant, so that the substitute payment would be immediately returned to the Defendant; and (d) was willing to receive a substitute payment even if there was no false application for substitute payment with the said employees’ consent.

According to such public offering, the Defendant closed his/her business around November 26, 2013, and the fact that there was no delayed payment of wages to employees in cash for three months from September 2013 to November 201, 2013, through G, the representative of workers, around February 10, 2014.