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(영문) 의정부지방법원 2016.04.29 2015고단4602

근로기준법위반

Text

A defendant shall be punished by imprisonment with prison labor for four 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 is an employer who employs 13 full-time workers at his/her residence located in Sungnam-si B and operates a construction business.

The Defendant did not pay KRW 31,485,00,00 for the total wages of 13 workers employed by the Defendant, as stated in the schedule of the attached crime, as well as KRW 935,00 on February 2, 2015, which had been employed as a tree at the site of the construction of the Ctel at two weeks, to the lapse of 14 days from the date of each retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A petition or power of attorney;

1. Application of the detailed statement of money and valuables in arrears to statutes;

1. Article 109 (1) and Article 36 (1) of the Act on the Standard of Work for the Protection of Specific Crimes and the Selection of Imprisonment with prison labor, taking into account the fact that the number of workers who have not received unpaid wages or wages is not many);

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act (including the absence of criminal records of the same type and the suspension of execution), the violation against his/her wrong recognition, and efforts to pay wages to workers);