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(영문) 대구지방법원 경주지원 2017.02.15 2016고단686
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a user who manufactures vessel parts and steel structures by employing ten full-time workers as the representative of (ju)C in racing.

When a worker dies or retires, the employer shall 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 KRW 45,00,000,000 in total for three workers as indicated in the list of crimes in the attached Form, including KRW 5,000,000 on January 1, 2016, when he/she worked in the above workplace and retired on June 1, 2016, within 14 days from the date of each retirement.

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 to a complaint and a petition;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of recommended sentences] Basic area (not more than 50 million won) for the payment of wages, etc. (4 months to 8 months); and

2. The wages in arrears of the defendant who is determined to be sentenced are relatively large and the defendant has the same criminal records;

However, the fact that the defendant is against the defendant, the fact that the defendant is unable to liquidate the wages because he was unable to receive the construction payment from the Dispute Resolution E [the defendant seems to have filed a fraudulent complaint with the representative F of the Dispute Resolution E and the trial is in progress at the present time], and other sentencing factors in the trial in this case shall be determined as ordered by the decision.

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