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(영문) 광주지방법원 2017.08.18 2016고단4889 (1)
근로기준법위반
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is an employer who has employed nine full-time workers and has executed a dormitory painting construction work at the time of macroscoping.

The Defendant, from November 17, 2014 to May 2, 2015, was retired workers D’s wages of KRW 720,00 on April 4, 2015, and wages of KRW 280,000 on May 2015, 2015, as indicated below, did not pay KRW 9,945,00 for the total amount of six workers as indicated in the list of crimes, within 14 days from the date of retirement, without any agreement between the respective parties on the extension of the payment date.

The details of wages in arrears with the working period of 1D No. 1 D 1: From November 17, 2014 to May 2, 2015, KRW 720,000 on April 2, 2015, KRW 280,000 on May 14, 2015 to April 14, 2014 to April 30, 2015; KRW 05,00 on April 1, 2015; KRW 00,000 on April 1, 2015; KRW 0,000, KRW 30,000 on March 7, 2014 to KRW 10,50 on March 1, 205 to March 17, 2015; KRW 0,50 on April 20, 205; and KRW 10,5,000 on March 1, 2015 to April 1, 2015.

1. Partial statement of the defendant;

1. Each legal statement of I, D, and E;

1. Part concerning D's statement of the police suspect interrogation protocol against the defendant

1. Each telephone name (whether liquidated, etc.);

1. Application of the D’s written statement and each accompanying statute on the date of delegation;

1. Relevant Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment, and the Selection of Imprisonment with labor for a crime;

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. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] the basic area of the punishment [the scope of the recommended punishment] [the scope of the punishment] 4 months to 8 months; and

2. Determination of sentence: The following conditions for six months (two years of suspended sentence) and the total amount of money and valuables in arrears, and all other arguments of this case, including the defendant's age, sex, environment, circumstances of the crime, and the circumstances after the crime;

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