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(영문) 대구지방법원 2014.07.17 2014고단1319

근로기준법위반

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a new house construction work in the old and American City E, a private building business operator who has undertaken a new house construction work in the old and American City F, and a new house construction work in the old and Seocheon City G.

From June 15, 2010 to July 19, 2010, the Defendant did not pay KRW 1,440,000 to H’s wages at the aforementioned construction site within 14 days from the date of retirement without agreement on the extension of the due date.

In addition, the Defendant did not pay the total amount of KRW 18,400,000 to workers H, I, J, K, and L wage at the construction site above, as described in the attached list of crimes, within 14 days from the date of each retirement without agreement on the extension of the period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by each special judicial police officer against B, M and N;

1. A written petition;

1. Application of Acts and subordinate statutes to an investigation report (to hear statements from an Oline for Witnesses);

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the Labor Standards Act;

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

1. The portion of dismissing public prosecution under Article 62 (1) of the Criminal Act (i.e., the fact that the defendant has mistakenly recognized the defendant, the defendant has the same criminal records but does not have any criminal records exceeding the fine, and the defendant has agreed with some victims);

1. The summary of the facts charged is that the Defendant did not pay KRW 9,76,00,00 for the total wages of workers B, C, and D working at the construction site from June 15, 2010 to July 19, 2010 within 14 days from the date of retirement without agreement on the extension of the due date.

2. The grounds for dismissing the public prosecution are the crimes falling under Articles 109 (1) and 36 of the Labor Standards Act, and the public prosecution may not be instituted against the clearly expressed will of the victim under Article 109 (2) of the same Act.

However, according to the records of this case, the victims expressed their intent not to punish the defendant on June 10, 2014 after the prosecution of this case.