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(영문) 창원지방법원 2012.12.07 2011고단5015
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

The defendant is the representative of D Co., Ltd. in Jinju-si, who runs the business of manufacturing shipbuilding machinery and equipment using 19 regular workers.

around March 5, 2011, the Defendant: (a) was employed by, and worked for, the above business entity on January 11, 201; and (b) was not paid KRW 3,360,000,000, which was retired on February 18, 201, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date; and (c) was not paid KRW 48,965,00,00 in total of wages of 18 employees under his/her control, as stated in the detailed statement of the money and valuables in arrears in the attached Form, within 14 days from the date of his/her retirement.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. A statement of settlement, application of Acts and subordinate statutes in advance;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 36 of the said Act;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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