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(영문) 창원지방법원 2017.07.12 2017노450
근로기준법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Of the facts charged in the instant case as to the summary of the grounds for appeal, since each of the workers in the sequence 33 through 49 of the crime sight table among the facts charged in the instant case is K who is the supply and demand of Co., Ltd. and his employment, there is no obligation to pay wages to

It is considered ex officio prior to the judgment on the grounds for appeal by the defendant.

In the first instance of the trial, the prosecutor filed an application for permission to modify the indictment to change the facts charged in the following facts constituting the crime, and this court permitted this and changed the subject of the trial, so the judgment of the court below cannot be maintained as it is.

In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and the judgment below is again decided as follows, without examining the defendant's mistake of facts and the unfair argument of sentencing as to the facts charged prior to the alteration.

[Grounds for the judgment in question]

1. The defendant who violated the Labor Standards Act, as the operator of the LAC, is an employer who operates a vessel processing business by using 50 full-time workers in E, which is located in Gyeongnam-si, Seoul, by making use of 50 workers.

(a) When an employee retires, the employer shall pay wages, compensations, and any other money or valuables within 14 days from the date of his retirement unless the employer has agreed on the extension of the payment deadline between the parties;

Nevertheless, the Defendant, while working for the pertinent company from August 1, 2015 to September 6, 2015, did not pay KRW 4,933,340 of the F's wages, which was retired, within 14 days from the date of occurrence of the relevant payment cause without an agreement between the parties on the extension of the payment date, and did not pay KRW 201,734,030 of the total wages of 40 of the retired workers, as shown in the Schedule of Attached Crimes (1), within 14 days from the date of occurrence of the relevant payment cause without an agreement on the extension of the payment date between the parties.

(b)a series of contracts with the project;

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