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(영문) 광주지방법원 2020.05.14 2019고단4116
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Workers B, C, D, E, F, G, H, I, J, K, L, among the facts charged in the instant case.

Reasons

Punishment of the crime

The defendant is the representative director of the corporation in Gwangju Northern-gu, and is the person in charge of the business operation of the corporation.

The Defendant is working in the foregoing workplace from September 16, 2018 to April 30, 2019.

Wages of retired workers P 15,059,945 won (attached Form 6) was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police about P;

1. The application of Acts and subordinate statutes to revise and submit the authentic data concerning the delayed payment of money and valuables, and to voluntarily submit a written submission (the data on partial payment of wages on May 2019 and the current status of arrears as of May 28, 2019);

1. Relevant Article 109(1) and 36 of the Labor Standards Act concerning criminal facts, Articles 109(1) and 36 of the Act on the Selection of Punishment, and Selection of Fines;

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The rejection of prosecution under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e.g., Supreme Court Decision 2007Da14488, Apr. 2, 2007) (see, 2007; Supreme Court Decision 200Da11438, Apr. 2, 2007)

1. The Defendant, as the representative director of O in Gwangju Northern-gu, is the company in charge of business management of the said company, as the summary of the facts charged.

The Defendant is working in the foregoing workplace from October 4, 2016 to April 30, 2019.

The wages of retired workers B, 20,479,780 won and retirement allowances of 11,919,591 won, as shown in the table of crime Nos. 1 through 5, 7, and 12, together with the wages of 11 employees, shall be 150,340,605 won and the list of offenses set forth in the table of annexed crimes.

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