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(영문) 대구지방법원 김천지원 2018.01.30 2017고단1407
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a C's manager in the old and American City B, and an employer who runs an electrical and public business by employing three full-time workers.

When a worker dies or retires, the employer shall, unless agreed by the parties concerned, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of KRW 7.9 million from August 25, 2016 to November 3, 2016 to the total of KRW 7.9 million for workers D who worked in the said workplace from August 2016 to November 2016, and KRW 6.67 million for workers E who worked in the said workplace from May 2, 2016 to June 30, 2016, and KRW 3.77 million for workers who worked in the said workplace from May 1, 2016 to June 20, 2016, and KRW 3.7 million for workers who worked in the said workplace from May 1, 2016 to July 8, 2016 without an agreement between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment, and the Selection of Imprisonment with labor for a crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Where there are grounds for special consideration for the reasons for failure to pay the reduction area (one month to six months) (special mitigation person) in the mitigated area (one month to six months), such as the application of the sentencing criteria [the scope of recommended punishment] and unpaid wages, etc.;

2. The Defendant, who was sentenced to sentence, did not pay a total of KRW 18 million to three workers.

The defendant has a record of criminal punishment three times for the same crime.

However, the defendant is against the law.

A defendant has no record of criminal punishment exceeding a fine for the same crime.

The defendant is bankrupt, etc. of the customer.

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