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(영문) 창원지방법원 2015.06.03 2013고단3846
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 of "2013 Highest 3846" is an employer who employs eight full-time workers in Kimhae-si C and operates a D company of industrial machinery manufacturing enterprises.

The Defendant had worked in the pertinent workplace from December 12, 2012 to February 14, 2013, and had not paid KRW 1,000,000 as wages of February 2, 2013 to foreign workers E of Uzbekistan who retired from the said workplace without agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay the total amount of KRW 34,645,451, including wages, etc. for 8 workers, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date, as shown in the attached list of crimes.

The defendant of "2014 Highest 905" is an employer who employs eight full-time workers in Kimhae-si C and operates a D company of industrial machinery manufacturing enterprises.

From May 1, 2013 to September 13, 2013, the Defendant had to pay to F workers of Vietnam’s nationality who were employed in the said workplace and retired from the said workplace to September 13, 2013, the Defendant failed to pay 4.620,000 won, such as wages for July 2013, wages for August 2013, wages for September 2013, and money and valuables for September 2013, and money and valuables for foreign workers of Vietnam’s nationality who were employed in the said workplace from May 2, 2013 to September 13, 2013, and did not pay 4.62,00 won, such as wages for August 2013, 2013, and total 9.240,000 won, without any agreement between the parties on the extension of the payment date.

On August 5, 2013, the Defendant: (a) operated D Co., Ltd. in Kimhae-si Co., Ltd.; and (b) concluded a contract for facility leasing (lease) equivalent to KRW 49,500,000 at the market price with D Co., Ltd. on August 5, 2013, under the name of H Co., Ltd.’s representative.

The defendant kept the said cutting machine for the victim in accordance with the above facility leasing contract.

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