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(영문) 창원지방법원 통영지원 2017.04.13 2016고단1237

근로기준법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2016 Highest 1237" is a full-time worker who employs 100 full-time workers as the representative director of the (ju) E in macro-si, and operates a vessel processing business.

From December 18, 2015 to April 8, 2016, the Defendant, while performing the work of installing cables at the said workplace, did not pay KRW 110,013,465, in total, within 14 days from the date of each retirement, as stated in attached Table 1 to 12, 15, 17 through 25, 34 through 51, 55 through 58, and 60, including the details of individual wages in arrears, as stated in attached Table 1 to 12, 15, 17 through 25, 34 through 51, 55 through 58, and 60.

The defendant of "2016 Highest 1902" is an employer as a person in charge of operating a business, who is engaged in the processing business by receiving a subcontract for installation of electrical cables from November 1, 2015 to April 7, 2016, using 100 full-time workers as the representative director of the EE in Sari-si D.

Where an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay the wages of KRW 674,904 from March 8, 2016 to March 18, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Statement by the defendant in the first and fifth public trial records;

1. A petition (H, etc.), a business registration certificate, etc., a petition (G), and a ledger of daily pay wages of the regular daily pay on March 2016, and details of confirmation of the fact, such as telephone (G);

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear statements, such as a witness I), investigation report (to attach a detailed statement, etc.);

1. Relevant legal provisions, Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, and the choice of imprisonment for each type of crime;

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

1. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Code of the suspended execution.