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(영문) 청주지방법원 충주지원 2013.04.12 2012고단1138
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 8, 2012, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Central District Court for fraud, and the judgment became final and conclusive on January 4, 2013.

The defendant is an employer who employs 218 full-time workers as the representative director of E company for the purpose of sports facility business, etc. in Chungcheongnam-si.

1. The Defendant in breach of his/her duty to liquidate money and other valuables was not paid KRW 646,425, and KRW 1,805,525, total sum of the money and other valuables in arrears, including wages of KRW 1,805,525, from January 201 to February 1, 2012, which had been employed by the said stock company E from December 18, 2011 to March 1, 2012, within 14 days from the date of retirement without agreement between the parties on the extension of the due date between the parties, as shown in the attached Table of Crimes (Ⅰ), including that the Defendant did not pay KRW 1,805,186, total sum of wages and retirement allowances [No. 185, 186, 18,307,931] to the employees in total, as stated in the attached Table of Crimes (I), within 188 days from the date of retirement without agreement between the parties on extension of the due date.

2. The Defendant in breach of duty to pay wages did not pay KRW 1,173,00,00 as bonus for December 25, 201 of G workers working in the said stock company E on the date of wage payment as determined by December 25, 2011, and did not pay KRW 1,792,00 on January 25, 201 on the date of wage payment as stipulated in the attached Table of Crimes (Ⅱ) and did not pay KRW 39,958,266 to the total 14 workers as indicated in the attached Table of Crimes (Ⅱ).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each petition and a written self-statement;

1. Details of personal arrears, details of delayed payment of wages, current status of delayed payment of wages, and details of delayed payment of wages; and

1. A certified copy of the register;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant provisions of the Labor Standards Act and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts (the fact of violating the duty to pay wages under paragraph (1) at the time of sale and the choice of imprisonment).

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