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(영문) 인천지방법원 2018.03.08 2018고단39
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who actually operates a limited company C in the Southern-gu B and the second floor in Incheon, and is a user who runs a fire-fighting facility business using two full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant provided labor between October 2, 2015 and April 14, 2017 to retired workers D’s wage of KRW 3,197,50 on November 1, 2016, as stated in the attached crime list, and did not pay KRW 22,632,50, total wages of seven retired workers within 14 days from each retirement date, without any agreement on extension of payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to respective E, D, and F statements (including personal arrears statements attached to F statements);

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] The reason for sentencing under Article 62-2 of the Social Service Order Act / Where there are grounds for special consideration for the reasons for the failure to pay the mitigated area (one to six months), [whether probation is suspended or not] - Major reasons for special consideration : In cases where there are reasons for special consideration for the reasons for non-payment - there are no efforts for recovery of adverse damage - there are no positive reflections, there are no criminal records for a suspended sentence or more, and it is obvious that there are no criminal records for a same kind of crime, but there are no criminal records for a suspended sentence or more, and the defendant has no criminal records for a more than a suspended sentence.

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