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(영문) 창원지방법원 마산지원 2020.02.04 2019고단344 (1)

근로기준법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 and C are the co-representative in the Haban-gun D who operates the automobile parts manufacturing business by employing four full-time workers.

The Defendant did not pay KRW 1,80,000, which was paid from July 19, 2017 through April 16, 2018 to April 16, 2018, totaling KRW 18,929,032 of the wage in May 2018, and KRW 375,000 of the G work from February 22, 2018 to May 16, 2018, and KRW 1,50,000 of the wage in March 1, 2018 to April 74, 203, totaling KRW 4,193,149,1939, and KRW 14,200 from May 22, 2018 to May 16, 2018, respectively, within the date of payment without agreement between the parties to the agreement.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of the Acts and subordinate statutes to G and F respective written complaints and petitions;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for one month to four years and six months;

2. The scope of recommended punishment according to the sentencing guidelines [decision of types] the scope of punishment for violation of the Labor Standards Act [Article 2] unpaid wages, etc. [Article 50 million won or more], the amount of less than KRW 100 million [Special Sentencing] (the scope of recommended field and recommendation range], the basic area of punishment for violation of the Labor Standards Act, six months to one year.

3. The Defendant did not pay the total of KRW 23,078,225 of the wages of two workers.

The E tried to be exempted from the responsibility for wage payment at the investigation stage for formal reasons that the representative name of E is not his/her own.

There are three previous convictions of fines due to the same crime.

However, when the defendant comes to the court, the defendant is admitted to commit the crime.

It is not possible to find out any malicious reason except that wages have not been paid due to business deterioration.

The criminal defendant has been sentenced to a fine.