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(영문) 수원지방법원 2017.11.09 2017고단5747
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 28, 2017, the Defendant was sentenced to a suspended sentence of four months for a violation of the Labor Standards Act in the Changwon District Court’s territorial branch, and the judgment was finalized on July 6, 2017. On August 17, 2017, the Defendant was sentenced to a suspended sentence of six months for a violation of the Labor Standards Act in the Changwon District Court’s territorial branch, and the judgment was finalized on August 25, 2017.

The Defendant is an employer who operates a construction company with 100 full-time workers under the trade name of “C Co., Ltd.” in Echeon-si.

The Defendant, as indicated in the attached list of crimes, did not respectively pay KRW 66,497,56 of the total wages of 89 employees under his/her jurisdiction within 14 days from the date of retirement without agreement on extension of payment deadline, as stated in the attached list of crimes, at the site of new construction of “E” located in Heung-gu Seoul Special Metropolitan City “E” (only from October 1, 2014 to November 11, 2014; KRW 6,215,980; and KRW 16,497,56 of the wages of 89 employees under his/her jurisdiction, within 14 days from the date of retirement without agreement on extension of payment deadline: Provided, That “G” No. 19 of the attached list of crimes No. 19; “I” of “J”; “K” of No. 69; “M” of “N”; and “M” of “N7” as “N”; and “M” of “M” of each evidence” of Q No. 84.

1. Statement by the defendant in court;

1. Each police statement made to F and S;

1. Each fact-finding statement and a written petition;

1. A statement of payment, a list of unpaid wages, a statement of payment of daily labor costs for November, an output, and a statement of payment of daily labor costs for October;

1. Previous convictions in the judgment: References to inquiries, such as criminal history, investigation reports [Confirmation of the same criminal records (final confirmation), judgments, investigation reports (Confirmation of the first instance judgment after the transfer of the defendant, who violated the Labor Standards Act of the same kind of as the suspect, and the application of the text of the judgment;

1. Relevant Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment, and the Selection of Imprisonment with labor for a crime;

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

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are disadvantageous reasons for sentencing.

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