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(영문) 창원지방법원 마산지원 2017.01.11 2016고단1141
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the representative of the corporation D in Haan-gun, Gyeongnam-gun, who is an employer who conducts the manufacturing business of steel structures.

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.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Even so, Defendant E did not pay the total amount of four workers, including the total amount of KRW 3,494,000,000,000,000,000 for workers E, who were employed in contact with the said workplace from June 30, 2015 to May 26, 2016, within 14 days from the date of the occurrence of the cause of payment, without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on statements made to E prepared by special judicial police officers;

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., the recognition of and reflects on his mistake, the fact that there is

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