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(영문) 인천지방법원 2016.04.08 2015고단7952
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant 2015 high group 7952 is a representative in Seo-gu Incheon, Seo-gu, Incheon, who runs a construction landscaping business using 20 full-time workers.

The Defendant worked in the workplace from March 22, 2014 to December 11, 2014; from March 12, 2015 to May 2, 2015; and from March 12, 2015 to retired workers E’ wage of KRW 2,90,00, as shown in the attached crime list, did not pay KRW 65,08,933 of the total wage of 22 employees within 14 days from the date each cause for payment occurred, without agreement on the extension of payment deadline.

Defendant 2016 group 362, Defendant 2, who worked in D “D” from March 20, 2014 to December 10, 2014, did not pay the total of KRW 2,050,000 of wages, including the total of KRW 2,050,000,000 of wages on October 2014, and the total of KRW 2,050,000,000 of wages on December 20, 2014, without agreement on extension of the payment date, within 14 days from the date on which each cause for payment occurred.

Summary of Evidence

2015 Highest 7952

1. Statement by the defendant in court;

1. Each fact-finding statement, each written statement, and the details of arrears with each fact-finding statement, 2016 order 362;

1. Statement by the defendant in court;

1. Application of F’s authenticity, written statement, and written statement to the Acts and subordinate statutes of the Republic of Korea;

1. Article 109 of the relevant Act concerning criminal facts, and Articles 109 subparagraph 1 and 36 of the Labor Standards Act concerning the selection of punishment, and the choice 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. In light of the reasoning for sentencing under Article 62(1) of the Act on the Suspension of Execution (Considering the grounds for sentencing as set forth below), the Defendant’s nature and criminal history were not weak, but the Defendant did not have any record of punishment for the same kind of crime except for fines once prior to the instant case, and the Defendant did not pay wages to workers due to aggravation of business management.

Under the circumstances where it is difficult for personal rehabilitation to obtain a loan, workers shall receive a loan.

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