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(영문) 창원지방법원 진주지원 2013.03.12 2013고단306

근로기준법위반

Text

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

Reasons

Punishment of the crime

The Defendant is an employer who runs a vessel processing business by receiving a subcontract for vessel block production from an E company, the original office of which is a D company, in the name of Gyeongcheon-si, Gyeongcheon-si, and ordinarily employs 30 workers.

The defendant is employed on June 27, 2012 by entering the same workplace and serving as an entertainment.

For the same year

8. 23. A retired worker F’s total of KRW 118,41,00 for wages of 32 employees, including KRW 8,424,00 for July 201 and August 8, 2012, was not paid respectively within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Each written statement of I, J, K, and L;

1. A complaint;

1. Application of Acts and subordinate statutes to each person's statement of delayed payment of wages;

1. Article 109 (1) and Article 36 of the Labor Standards Act, which provide applicable legal provisions to facts constituting an offense and select punishment;

1. From among concurrent crimes, a sentence identical to the disposition shall be imposed in consideration of the amount of unpaid wages for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the place of use of the work price received from the original company, the circumstances after the crime, etc.