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(영문) 서울중앙지방법원 2014.08.28 2014고단2445
임금채권보장법위반
Text

Defendant

A shall be punished by a fine of 8,00,000 won, and by imprisonment of 4 months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. The status of the parties concerned is that Defendant A is labor worker, Defendant B is the F representative director, and G is H business.

Defendant

B received a subcontract for metal parts, such as melting, from the Daegu K K department stores, Daegu K department stores, Inc., and G received a subcontract for the Daegu K department stores, in part, from G. I.D.

Defendant

At the request of Defendant B and G, A was delegated by 15 persons, including L, to file an application for fact-finding, such as delayed payment of wages, bankruptcy, and substitute payment.

2. Specific criminal facts;

A. Defendant A in collusion with G and J (unconvicted on February 26, 201), Defendant A: (a) at the office of the N personnel labor law firm located in Seocho-gu Seoul Metropolitan Government M and 202 around November 201; (b) at the office of the N personnel labor law firm located in Seocho-gu, Seoul, and 202, G demanded four persons, including L, etc., who have been re-subcontracted by G, to work for his/her employees; and (c) paid wages; (d) four persons, including L, etc., were not entitled to file a substitute payment for the reason of fact-finding, such as bankruptcy, etc. against the company I, but requested G to prepare documents necessary for receiving substitute payment from four persons, including L, etc., and submitted documents necessary for filing an application for substitute payment to G to the effect that he/she would be entitled to receive the payment of wages; (d) Defendant A was present at the Seoul regional labor law office and made a false statement to the effect that he/she had made an application for substitute payment for arrears, etc.

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