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(영문) 수원지방법원 안양지원 2014.09.04 2014고단480

근로기준법위반

Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for three years, respectively.

Reasons

Punishment of the crime

1. A company summary and the Defendants’ status-based company G (hereinafter “G”) established the trade name “stock company I” as the father of Defendant B around May 1989, and changed the trade name into “stock company G” around March 2005, and specialized in civil engineering and engineering. G’s total sales in 2013 amounted to KRW 87.6 billion and KRW 430.

G An application for commencement of rehabilitation procedures and preservative measures to the Suwon District Court on December 13, 2013, G filed an application for preservative measures on December 20, 2013, and filed an application for commencement of corporate rehabilitation procedures and preservative measures on January 9, 2014, and a decision to commence rehabilitation procedures on January 9, 2014, and issued a decision to commence rehabilitation procedures on December 20, 2013, but the rehabilitation procedures were abolished on May 29, 2014, and filed a petition for bankruptcy on June 27, 2014, and was declared bankrupt on July 25, 2014.

(C) Defendant A was the representative director of G from March 31, 2009 to April 10, 2013, and Defendant B retired 60,000 shares of H from January 201 to then 51.93% shares of 51.93% shares.

2. Criminal facts;

A. Defendant B, the former owner and manager of G, from November 2005, experienced the burden of holding the name of the representative director due to the reasons such as the actual operation of G on behalf of H, and filing a complaint due to bid problems, etc., Defendant B, the head of the management support headquarters, appointed Defendant A as the representative director on March 31, 2009.

Thus, Defendant B shall comprehensively delegate to Defendant A the order of service, the establishment and coordination of the implementation budget between each sector, the extension of the period for the service in progress, the approval of the alteration of the design amount, the decision of the progress of the project, and the approval of the completion of the project, etc. (the so-called “technology field”), so that Defendant B may settle the issues by full delegation, and the determination of the basic policy for personnel affairs, such as the change of the standard for payment of wages, and the decision of the policy for the promotion