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(영문) 대전지방법원 2018.02.02 2017고단3156
근로기준법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 the employer as the representative director of the E Co., Ltd. located in Daejeon Jung-gu. D.

1. From November 2015 to April 25, 2017, the Defendant related to the F construction site: (a) worked at the “F Apartment Construction Project” site in the Gyeonggi-si where the said E Company had undertaken construction with subcontracting from G; (b) and (c) did not pay KRW 8,211,050 to retired workers H within 14 days from the date of retirement without agreement on the extension of the payment date; and (d) did not pay KRW 2,191,069,784, total amount of wages of KRW 750 to workers as in the attached list of crimes (1) as in the attached list of crimes; and (b) did not pay them within 14 days from the date of each retirement without agreement on the extension of payment date with each worker.

2. The summary of evidence, including the fact that, as in the case of paragraph (2) of the attached Table of Crimes, the Defendant, directly operated and on-site, worked as a field manager at E Co., Ltd. from November 25, 2014 to April 30, 2017, the amount of KRW 5 million and retirement allowances of KRW 12,301,060, which were retired workers I, was not paid within 14 days from the date of retirement without agreement on the extension of the payment date, as well as the fact that he/she did not pay KRW 81,326,343, total wage and retirement allowances of 66 workers, as in the case of the foregoing Annex of the attached Table of Crimes (2).

1. Statement by the defendant in court;

1. Legal testimony by the J of a witness;

1. The report on the overdue payment of each wage, the written petition, the written statement concerned, the statement of each petitioner, and the statement by relevant witness;

1. Details of respective wages in arrears and calculation of each retirement allowance;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. The Criminal Act, the suspension of execution;

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