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(영문) 창원지방법원 마산지원 2019.05.28 2018고단1093

근로기준법위반

Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

The defendant of "2018 Highest 1093" is a person who actually operates the (ju) I in Haan Military H, and is an employer who actually conducts the manufacturing of steel structure by using nine regular workers.

The Defendant is working at the work site in the Haan-gunJ from July 6, 2018 to July 27, 2018.

The retirement K's wage of 975,000 won in July 2018 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without any agreement between the parties on the extension of the due date, and the payment was not made within 14 days from the date of the occurrence of the cause for payment, and the payment was not made within 14 days from the date of the retirement, respectively, as described in the attached Table 1 Nos. 3, 5, 9, and 100 won in total and 975,000 won in £« 1,375,000 won in £« 2,100,000 won in £« 4,290,000 won in + £« 2,100

The defendant of "2018 Highest 1180" is a person who actually operates the (ju) I in Haan Military H, and is an employer who actually conducts the manufacturing of steel structure by using nine regular workers.

Defendant was employed from April 1, 2018 to April 6, 2018 at the work site where L was employed by the Defendant.

The retirement M’s wage of KRW 650,000 on April 2018 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without any agreement between the parties to the extension of the due date, and the total amount of KRW 4,400,000 for the seven employees, as shown in the attached Table 2, was not paid within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without any agreement between the parties

Summary of Evidence

"2018 Highest 1093"

1. Defendant's legal statement;

1. Each statement of F, B, and N;

1. Public quarantine for each work: 2018 Highest 1180 ";

1. Defendant's legal statement;

1. Application of respective Acts and subordinate statutes of M,O, and P;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

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