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(영문) 창원지방법원 통영지원 2014.02.07 2013고단310

근로기준법위반

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

(e).

Reasons

Punishment of the crime

The defendant is a user who runs a vessel processing business using 80 full-time workers in DoE located in DoD at the time of Tong-si.

In addition, the Defendant did not pay KRW 465,00 for April 1, 2012 to DF retired from his/her service from around April 11, 2012 to around 18 of the same month, and did not pay KRW 2,5,7,8,13,14,16,25,26, 29, 34, 35, 36, 38, 41, 56, 60, 68, 73, 85, 86, 94, 95, 103, 104, 105, 107, 109, 111, 15, 119, 14, 214, 131, 215, 315, 146, 15, 156, 15, 205, 15, 214, 15, 215

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against BU;

1. Each criminal complaint and a petition;

1. Application of Acts and subordinate statutes to wage payment details, wage ledgers, and work ledger;

1. Relevant Articles 109(1) and 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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The summary of the facts charged in this part of the indictment under Article 62(1) of the Criminal Act (including the fact that approximately KRW 42,50,000 has been paid as substitute payments for another person, and the fact that the defendant reflects the payment) is that the defendant did not pay the aggregate of KRW 1,3,4,6,9,10,12,15,17 through 24,27, 28, 30 through 33, 37, 39, 40, 42 through 55, 57, 57 through 59, 61 through 67, 74 through 84, 87, 89 through 93, 96 through 102, 110, 114, 116 through 14, 18, 214, 214 through 147, 147, 141 through 15, 214, 215

However, this part of the facts charged is Article 109(1) and (3) of the Labor Standards Act.