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(영문) 창원지방법원 2012.08.31 2012고단1056
근로기준법위반
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be postponed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

【2012 Highest 1056】 The Defendant is the representative of the Kim Sea C Co., Ltd., and is the employer who runs the industry charter-manufacturing business using 50 regular workers.

around October 15, 2011, the Defendant is working in the above workplace, and on March 7, 2005, he is working in the above company.

In the same way, the parties did not pay 25,522,960 won in arrears, such as wages of D on September 30, 201, without an agreement on the extension of the due date, within 14 days from the date of retirement, and in the same way, the parties did not pay 105,34,007 won in total for the total five employees, as shown in the list of crimes in the attached Table.

【2012 Highest 1888】 The Defendant is the representative of the Kim Sea Co., Ltd., and is the employer who runs the industry charter-manufacturing business using 50 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, on March 10, 2008, the defendant is in charge of production business after entering the above workplace.

On November 17, 2011, E, including wage 492,603, which was retired on August 2008, 2008, did not pay 27,647,160 won in total, such as wages of workers E and F, within 14 days from the date of retirement without agreement on the extension of the due date.

Summary of Evidence

【2012 Highest 1056】

1. Defendant's legal statement;

2. Each police statement concerning D;

3. A petition 【2012 Highest 1888】

1. Defendant's legal statement;

2. Each police statement of E and F;

3. Application of each relevant statute;

1. Relevant provisions of the Acts concerning facts constituting an offense and Articles 109 (1) and 36 of the Labor Standards Act (Selection of Imprisonment)

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

3. Article 62(1) of the Criminal Act of the suspended execution is below.

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