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(영문) 인천지방법원 2017.01.04 2016고단6389
근로기준법위반등
Text

A defendant shall be punished by imprisonment for 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

On June 22, 2013, the Defendant was sentenced to a fine of 700,000 won for the violation of the Labor Standards Act at the Incheon District Court on March 2, 2013, and three times the same type of crime record.

The defendant is the actual representative of the E Co., Ltd. in Seo-gu Incheon Metropolitan City D, who has employed 15 full-time workers and has engaged in the manufacturing business of deverging.

1. The Defendant did not pay KRW 15,039,117, in total, 14 days from the date of retirement without agreement between the parties on the extension of the due date of payment between the parties, as well as KRW 15,039,117,117, including the amount of wages, allowances, and retirement allowances paid from June 3, 2013 to October 8, 2015, which was retired from the Defendant’s service in the above E, and KRW 1,916,60,660, annual paid leave allowances, the extended amount of KRW 1,722,48, paid leave allowances, and holiday work additional allowances.

In addition, the Defendant did not pay an amount equivalent to KRW 79,60,835 in total to 10 workers, such as wages, annual paid leave allowances, extension, and holiday work additional allowances and retirement allowances, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

2. The Defendant, on October 8, 2015, dismissed the worker F who had worked from around June 3, 2013 at the above company from around October 3, 2013 without giving the worker F, who had been employed from around June 3, 2013, and did not pay 2,50,000 won, which is the ordinary wage of 30 days, to F.

In addition, the Defendant did not pay an amount equivalent to KRW 18,689,200 for total 10 workers within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline, as stated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Each petition of F, G, and H;

1. Public announcement;

1. The wage ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Each relevant labor standard law concerning criminal facts;

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