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(영문) 전주지방법원 2020.12.09 2020고단1077
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an individual constructor who runs a construction business with seven full-time workers.

The Defendant did not pay the total amount of seven workers’ wages of KRW 21.2 million within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment, as shown in the attached Table of Crimes, as well as the total amount of KRW 7 million, including KRW 6.3 million on November 6, 2017, and KRW 7.8 million on December 1, 2017, and KRW 1.2 million on December 1, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Details of confirmation of telephone, etc. (G, H);

1. Application of Acts and subordinate statutes on account details;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act (the grounds for the sentencing below) are as follows: (a) the Defendant’s age, character and conduct, environment, occupation, occupation, family relationship, motive and consequence of the offense; and (b) the various sentencing conditions specified in the instant records and trial process, including the circumstances after the offense, shall be comprehensively taken into account.

- there are a large number of workers and there are a large number of unpaid amounts.

- No damage has been restored.

- The defendant is led to confession and has no particular criminal record.

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