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(영문) 창원지방법원 마산지원 2013.09.25 2013고단280
근로기준법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is the employer as a person in charge of the business operation of the C Co., Ltd. in Hanam-gun B.

The Defendant, as stated in paragraph (1) of the detailed statement of unpaid money and valuables by each individual, did not pay 67,706,500 won in total, including wages, to 14 workers retired from the said workplace without any agreement on the extension of the due date until 14 days from the date of each retirement.

The Defendant, as stated in the detailed statement of unpaid money and valuables by each individual, did not pay 14,373,000 won in total to four workers retired from the said workplace without any agreement for the extension of the due date until 14 days from the date of each retirement.

Summary of Evidence

"2013 Highest 280"

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each complaint and each petition shall provide "2013 Highest 486";

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the written accusation and petition;

1. Articles 109 (1) and 36 of the Labor Standards Act applicable to the crimes;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are against the Defendant, but there are several records of criminal punishment for the same kind of crime, the number of employees who are victims, the amount of unpaid wages is about 82 million won, and other circumstances that form the sentencing conditions indicated in the records of this case shall be determined as per Disposition in consideration of the following circumstances.

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