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(영문) 대구지방법원 경주지원 2014.11.20 2014고단433
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a user who operates the business of manufacturing automation facilities by employing ten full-time workers as the representative of the (State)C in the racing-si.

The Defendant did not pay the total amount of KRW 7,939,230,00 from September 2, 2013 to January 24, 2014, of KRW 14 days from the date of retirement as of the date of payment, without agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay KRW 38,745,613 in total, among eight employees of the said workplace, from July 29, 2013 to January 24, 2014, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. Application of the Acts and subordinate statutes to each written complaint and petition;

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. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that a portion of wages was paid as a substitute payment, the fact that the substitute payment was erroneous, misleading and rebuttaled, the fact that there was no previous conviction other than a fine, and the circumstances of the instant crime);

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