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Reasons
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(영문) 춘천지방법원 원주지원 2014.02.05 2013고단50 (1)
근로기준법위반
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A defendant shall be punished by imprisonment for four 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 personal constructor who has been awarded a subcontract for a new construction of a D elementary school multi-purpose room in C from the original city from B and has been using 12 full-time workers.

From August 1, 2012 to October 10, 2012, the Defendant did not pay KRW 5,850,000,00 of the E’s wages working at the construction site of a new elementary school D primary school D from August 1, 2012 within 14 days from the date of retirement without agreement between the parties on the extension of the due date, and did not pay KRW 53,445,00 for the total of 14 persons as shown in the attached crime list (1) within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

From August 10, 2012 to August 11, 2012, the Defendant did not pay KRW 280,000,000 of the F’s wages working at the construction site of the D Elementary School Multi-Purpose Office within 14 days from the date of retirement without agreement between the parties on the extension of the due date, and did not pay KRW 16,690,000 for the total of 10 persons as shown in the attached crime list (2) within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

"2013 Highest 50"

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement to G, H, and E;

1. Each written petition;

1. A contract for construction works and a statement of payment of each labor expense "2013 Highest 299";

1. Each police interrogation protocol on the accused and B;

1. Each police statement made to I and H;

1. A petition, etc.;

1. Application of Acts and subordinate statutes on payment records of daily labor expenses;

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 of the suspended execution reflects the Defendant’s wrongness, there is no previous conviction exceeding the fine, and it resulted in the instant crime.

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