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(영문) 창원지방법원 통영지원 2013.06.19 2013고단234
근로기준법위반
Text

A defendant shall be punished by imprisonment for six 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 is an operator of the D Company in Gyeongnam-si, who employs approximately one hundred and twenty full-time workers, and operates a vessel processing business.

From September 1, 2012 to September 30, 2012, the Defendant has worked for the pertinent company as a worker.

The total amount of wages of retired E 2,865,000 won was not paid within 14 days from the date of retirement without an agreement on the extension of the due date for payment.

In addition, the Defendant did not pay KRW 66,329,00 for the total amount of wages of 25 workers as stated in the [Attachment] Nos. 92, 94, 96, 98, and 118, within 14 days from each retirement date without any agreement on the extension of the payment date with workers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, H, and I;

1. Written Statement;

1. Each complaint and each petition;

1. Application of workplace cards, a detailed statement of personal delayed payments, the number of persons to be provided and the current status of goods, the daily worker 8, the wage ledger in September, the confirmation letter, the re-calculation of the wage ledger in September, the daily worker 9, the wage ledger in September, and the Acts and subordinate statutes on the daily worker

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are recognized as all of the facts charged in this case and are in profoundly against the defendant. A certain worker has no specific criminal record, and a substitute payment is made to some workers, and other circumstances constituting sentencing conditions indicated in the records of this case, including the defendant’s age, character and conduct, family relationship, home environment, means of crime, circumstances after crime, etc., shall be determined as ordered.

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant is a manager of the D Company in Gyeongnam-si, Gyeongnam-si, who employs approximately one hundred and twenty full-time workers and engages in the vessel processing business.

The defendant from January 3, 2012 to September 30, 2012.

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