logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.02.18 2014고단7217
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

(1) On December 18, 2014, the Defendant was sentenced to a suspended sentence of two years in August 2015, on December 23, 2015, for the following reasons: (a) on December 18, 2014, the Defendant was sentenced to a suspended sentence of two years; and (b) on December 23, 2015, the judgment became final and conclusive.

[Criminal facts] The Defendant is the president of the AA Medical Foundation located in the Suwon-si Medical Corporation, who is an employer who uses 30 full-time workers and conducts the establishment and operation of medical institutions.

The Defendant did not pay KRW 10,045,00 as wages of May 1, 2014, and KRW 10,045,00 as wages of June 6, 2014, and KRW 4,212,419 as wages of July 4, 2014, and KRW 25,919,752 as shown in the attached Table No. 1,18,222, as stated in the attached Table No. 1,18,22, as well as KRW 10,045,00 as wages of KRW 10,045,00 from January 4, 2014 to July 13, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement statement made to AC;

1. Each written statement AD and AB;

1. Each petition filed by AD and AB;

1. AE’s report on overdue payment of wages;

1. Previous convictions in judgment: Inquiry about criminal history and application of respective statutes of judgment;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Taking into account the following circumstances: (a) partial workers on the grounds of sentencing under Article 62(1) of the Criminal Act with regard to the suspended sentence: (b) payment of substitute payments for another person is or appears to have been made; (c) recognition of and reflects on crimes; and (d) equity with the case of a violation of the Labor Standards Act as indicated in the judgment

1. The Defendant, as the president of the AA Medical Foundation located in the Suwon-si Medical Corporation, is an employer who runs the establishment and operation business of a medical institution using 30 full-time workers.

[2014 Highest 7217] O wages shall be unpaid.

arrow