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(영문) 대구지방법원 포항지원 2014.11.12 2013고단659

근로기준법위반등

Text

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

Reasons

Punishment of the crime

The Defendant, as a substantial manager of chain B and C such as steel structure, was a separate company or the Defendant was in practice managing both formally and practically, and was composed of the same workers, and the same work was performed equally.

1. The Defendant violating the Labor Standards Act is serving in B and C from July 28, 201 to March 8, 2012.

D’s total wage of 10,50,000 won from December 2, 2011 to February 2, 2012, which is a retired employee, was not paid within 14 days from the date of retirement without an agreement on the extension of the payment due date between the parties concerned, and the total wage of 14 workers was not paid within 14 days from the date of retirement as shown in the attached crime list (1).

2. No person who violates the Wage Claim Guarantee Act shall receive a substitute payment by fraudulent or other illegal means;

The Defendant, while operating B and C as one of the above businesses, was in arrears with his employees’ wages, had the employees employed by him operate the above B and C as one of the businesses, and had the employees in arrears with wages start up in the form of B and start up, and had them work as the employees in the above B, and had the employees in arrears receive substitute payments by falsely reporting the property status of B in the above case.

On December 1, 2011, the Defendant registered the closure of business with respect to the above B, and the same month.

6. Filing an application for fact-finding, such as bankruptcy, and filing an application for fact-finding with the Daegu Regional Employment and Labor Agency located in the south-si on the 26th of the same month, as if there is no contract price held by the above B in relation to the above fact-finding application, the prosecutor's office reported the above fact-finding application, and subsequently, the crime sight table (2) was charged with entering the 2F once a year into G

E. The worker as described above.