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(영문) 창원지방법원 거창지원 2015.09.02 2015고단21
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant, from August 2013 to the present date, is the representative director of H Co., Ltd. (hereinafter referred to as “H”) located in G G G G G G G G G G G G G G G G G G G 15 full-time workers who run the manufacturing business.

[2015 Highest 21] The Defendant is working in H from July 2, 2014 to September 23, 2014.

The 35,392,612 won in total for 13 workers listed in the annexed Table 1, including the 4,853,447 won of the retired worker I, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

[2015 Height91] The Defendant is working in H from September 1, 2014 to December 31, 2014.

The 29,769,306 of the wages of 10 workers (excluding those of B, C, D, E, and F) out of the 10 workers listed in the attached Table 2 (excluding those of B, C, D, E, and F) was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement on delayed payment of wages, each statement, each fact-finding certificate, and each statement;

1. Each attendance card, detailed statement of salary, each employment contract, business registration certificate, ledger for retired workers' benefits, details of overdue money and other valuables, and details of overdue wages;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 36 of the said Act;

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

1. Although the grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence do not specify the amount of wages in arrears, there are some circumstances to consider the circumstance of the delay, and the fact that some of the workers seems to have endeavored to recover the damage of the workers after the delay, and that some of them are attempting to recover the overdue wages through a compulsory auction on H’s real estate, etc., and other ages and ages of the defendants.

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