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(영문) 울산지방법원 2018.08.30 2018고단536
근로기준법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant is an employer who runs a manufacturing business with eight full-time workers under the trade name of “C” in Ulsan-gu, Ulsan-gu, and runs a manufacturing business using five full-time workers under the trade name of “E” in Ulsan-gu, Ulsan-do.

[2018 Highest 536] The Defendant, at C’s workplace from July 16, 2016 to September 15, 2016, did not pay 16,61,753 won in total for four workers within 14 days from the date of retirement, as stated in the attached crime list, as well as 2,40,000 won for retired F’s wages, as stated in the attached crime list.

[2018 Highest 637] The Defendant was serving in C’s place of business from October 1, 2016 to December 31, 2016 and did not pay G wage 4,550,89 won within 14 days from the date of retirement without agreement on extension of payment deadline between the parties concerned.

Summary of Evidence

[2018 Highest 536]

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of I and F;

1. Details, etc. of benefits [2018 highest 637];

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant legal provisions regarding criminal facts, Articles 109(1) and 36 of the Standard Labor Standards Act for the Selection of Punishment, and each choice of imprisonment with labor;

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. The execution of the suspended sentence under Article 62(1) of the Criminal Act shall be postponed by taking into account the following: (a) the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the scope of the recommended sentence / [the scope of the recommended sentence] and the fact that there is no basic area (the period from April to August) (the person subject to special sentencing) (the decision of the sentence / the person subject to special sentencing] (the decision of the sentence shall be selected in consideration of the fact that the decision of the sentence was made / the two previous years before the sentence is sentenced),

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