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(영문) 춘천지방법원 원주지원 2018.06.28 2017고단753
근로기준법위반
Text

A defendant shall be punished by imprisonment for nine months.

Of the facts charged in the instant case, the violation of the Labor Standards Act regarding C is against.

Reasons

Punishment of the crime

The defendant is an actual operator of E Co., Ltd. in Chuncheon City D, who has been engaged in construction business with 50 full-time workers.

Defendant 753 of “2017 Highest 753” did not pay each of the wages of H 10,108,000 won, including the wages of 18 workers, as indicated in the list of crimes in the attached Table, within 14 days from the date of retirement, without agreement between the parties to the extension of the payment date, at the site of the new construction work located in F in the original city, from September 1, 2016 to November 29, 2016.

"2018 Highest 568" Defendant did not pay 14 days from the date of retirement, without agreement between the parties to the extension of the payment deadline, for the total sum of 5,200,000 won of wages of 5,200,000 won to 5,200,000 won, as well as the amount of wages of J 1,20,000,000,000 won, which were retired from the work at the Malia site located in the Hancheon-gun International Market of Gangwon-gun.

Summary of Evidence

"2017 Highest 753"

1. Statement by the defendant in court;

1. Each statement of H and A;

1. A written petition;

1. Details of overdue wages, details of labor, detailed statement of payment of expenses for daily labor, output, and labor contract "2018 Height 568";

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written petition;

1. The application of Acts and subordinate statutes to the investigation report (hereinafter referred to as the “investigation Report”);

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. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommended punishment] are as follows: (a) the basic area (not less than KRW 50 million, less than KRW 100 million): (b) description-type standard: (c) there is no rise in the first step (special sentencing person) as a result of combined crimes of the same kind; (d) there is no person who has been sentenced to a punishment; (e) there is no history of having been sentenced; and (e) there is no history of having been sentenced to a punishment; and (e) there is a need to support his/her married couple by divorceing with his/her wife.

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