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(영문) 대구지방법원 포항지원 2019.10.24 2019고단931
근로기준법위반
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the Dispute Resolution Co., Ltd. in North-gu, Northern-si, who is engaged in transportation service business by employing 31 full-time workers.

Wages shall be paid at least once a month on a fixed date.

Nevertheless, the Defendant, from March 14, 1996, did not pay KRW 1,149,612 on February 2, 2015 of workers D who had been working in the above workplace from around March 14, 1996 on a regular payment date, and did not pay KRW 103,570,930 for the total wages of eight workers on a regular payment date as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written petition;

1. A report on investigation (report on a labor inspector’s telephone call);

1. Application of Acts and subordinate statutes on the details of benefits;

1. Relevant statutory provisions and Articles 109(1) and 43(2) of the Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, Feb. 14, 2018); Articles 109(1) and 43(2) of each Labor Standards Act (the fact that the regular payment date is unpaid of wages after July 31, 2018) (the fact that the regular payment date is unpaid of wages) (the choice of each imprisonment with prison labor)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] that violates the Labor Standards Act, and there is no person who has been paid wages, etc. [type 3] at least KRW 100 million (the scope of recommendations and recommendations] (the scope of recommendations and recommendations]. The basic area of recommendations and recommendations, imprisonment for August through January 16.

3. In light of the amount of overdue wages determined by the sentence, a sentence of imprisonment shall be chosen, and the defendant, who is the first offender, has established his will to repay his wages, the victims' claims can be repaid according to the rehabilitation plan as public-interest claims, and there are no circumstances to consider the reasons for the failure to pay.

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