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(영문) 창원지방법원 통영지원 2014.06.26 2014고단219
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 an employer who runs a vessel processing business using 70 full-time workers under the trade name of "F" in Gyeongnam-gun E.

The Defendant did not pay KRW 1,300,000 to G workers who worked for adjoining work from August 10, 2013 to August 22, 2013 at the above workplace, and did not pay KRW 154,81,786, total amount of wages of 72 workers, as indicated in the separate sheet of money and valuables unpaid to each individual (excluding No. 2,18,19 a year), within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Written statements and each power of attorney of J, K and L;

1. F. F. F. F. F. F. F. F. F. the attendance ledger for August 2013, F. F. F. the attendance ledger for investigation data, a statement of commitment, wage calculation statement, F. F. F. M.M. (F.) work log, a subcontract agreement, support personnel and wages, notice of completion of production, confirmation of completion of production, investigation data, acquisition of investigation data, work log for the limited company in charge of the credit rating, wage details (from September 1 to September 8, 2013), and the work log for the limited company in charge of the credit rating.

1. Application of each complaint, petition, power of attorney, and Acts and subordinate statutes;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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

1. The portion dismissing prosecution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e., that the defendant reflects his mistake, and there is no previous conviction other than the fine, and that the defendant

1. The summary of the facts charged is an employer who ordinarily employs 70 full-time workers under the trade name of "F" in Gyeongsung-gun E, Chungcheongnam-gun, and operates a vessel processing business.

The Defendant, at the foregoing workplace from August 9, 2013 to September 8, 2013, paid KRW 3,710,000 to workers B who worked as an adjoining official.

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