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(영문) 광주지방법원 목포지원 2018.05.28 2017고단1311
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.

(e).

Reasons

Punishment of the crime

The defendant is a person who operates a dispute resolutionD in the Nam Young-gun C, and is an employer who operates a ship manufacturing business by employing 40 full-time workers.

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.

Defendant 28 did not pay wages of 28 workers within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties, as described in the attached list of crimes, including the amount of wages of 3,200,000 won in March and April 2017, E, who worked until March 17, 2017, and retired from the said workplace, as stated in the attached list of crimes, including the amount of wages of 3,20,000 won in March and April 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police to workers;

1. Application of each of the relevant Acts and subordinate statutes to prepare workers;

1. Relevant Articles 109 (1) and 36 of the Act on the Standards for Preliminary Labor for Criminal Facts 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., taking into account the favorable circumstances as seen below): The number of wages in arrears is not significant, and circumstances that are favorable to the fact that workers are expected to suffer a great pain: The decision of a sentence that gives workers a considerable amount of money through the instant distribution procedure: the decision of a sentence that is deemed to have been paid: the above circumstances and the defendant’s age, sex, career, home environment, motive and means of crimes, and the circumstances that are the conditions for sentencing specified in the pleadings of the instant case, shall be determined as the disposition, taking into account all the circumstances

Rejection of Public Prosecution

1. The summary of the facts charged is that the defendant is a person who operates a credit rating company, which is in the former Young-gun C, and operates a ship manufacturing business using 40 full-time workers, and the defendant is attached to the attached Form.

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