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(영문) 수원지방법원 성남지원 2014.11.07 2013고단2856
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, as the representative director of the D Co., Ltd. in Yongsan-gu Seoul Metropolitan Government Ctel 1401, was employed from January 8, 2013 to April 30, 2013 by workers E, who were employed from January 8, 2013 to April 30, 2013, and the wages of KRW 6,600,000 on April 3, 2013, including the fact that the payment was not made within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, the Defendant did not pay KRW 53,240,000 for each individual’s delayed payment, including the fact that the payment was not made within 14 days from the date of retirement without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Place of service;

1. Application of each relevant statute;

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;

1. The dismissal of prosecution under Article 62-2 of the Criminal Act

1. Of the facts charged in the instant case, the Defendant, as the representative director of the construction company Dtel 1401 located in Yongsan-gu Seoul Metropolitan Government, did not pay KRW 1,100,000 for each individual worker’s delayed payment amounting to KRW 22,40,000 within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, as the representative director of the construction business company Dtel 1401 located in Yongsan-gu Seoul Metropolitan Government.

2. We examine the judgment, and the facts charged are those falling under Articles 109(1) and 36 of the Labor Standards Act, which are different from the victim’s explicit intent in accordance with Article 109(2) of the same Act.

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