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(영문) 부산지방법원 2016.09.22 2016고단2020
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is an employer who runs a construction business using six full-time workers under the trade name of “stock company E” in Busan Dong-gu.

On June 8, 2015, the Defendant did not pay 68,756,00 won in total, including 420,000 won in wages of F retired workers at the cargo construction site in the gold joint power plant site and 119 employees, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties concerned, as stated in the detailed statement of money and valuables in the attached Form 119.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation, written complaint, compiled statement of the current status of each work, daily work confirmation statement, work confirmation statement, daily workers' list, daily workers' daily reports, daily workers' list, daily workers' list, and money and valuables in arrears by each individual;

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. The suspended sentence: Article 59(1) of the Criminal Act for six months (the suspended sentence shall be imposed on the defendant, comprehensively taking into account the following various circumstances, including the fact that the defendant is seriously against the defendant, the fact that there is no record of criminal punishment except once a fine sentenced in 1991, a fine imposed in the year 191, the fact that the accounts payable to workers have been fully paid through adjustment between workers and G, and the payment of the defendant, the defendant's age, sexual behavior, intelligence and environment, the circumstances leading to each of the crimes of this case, and the circumstances leading to the sentencing specified in the record after committing the crime, etc.);

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