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Reasons
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(영문) 의정부지방법원 2014.09.16 2014고단1294
근로기준법위반
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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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is an employer who had operated the “C” in both weeks B.

[2014 Highest 1294] The Defendant worked in the said workplace from August 1, 2013 to October 18, 2013, and did not pay the total of 34,004,063 of the wages of 18 workers as stated in the attached Table 1, as well as the wages of 850,000 won for October 2013 of retired workers D, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties to the extension of the payment date.

[2014 Highest 2074] The Defendant worked in the said workplace from December 3, 2013 to January 10, 2014, and did not pay KRW 152,381 as wages of December 2013 of retired workers E, and KRW 1,552,381 as wages of January 2014 as stated in the attached Table 2, including KRW 1,40,552,381 as wages of January 201, and KRW 9,09,557, total wage of six workers, as stated in the attached Table 2, within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

Summary of Evidence

[2014 Highest 1294]

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of G, D, H, I, J, K, K, L, M, N, P, Q, R, T, T, U, and V

1. Each written petition (2014 Highest 1294);

1. Defendant's legal statement;

1. Written statement of the police;

1. Each statement of E, X, Y, Z and AA;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., the fact that the defendant shows an attitude against his/her wrong recognition, and that it seems that it would be difficult for him/her to pay wages

1. Social service order under Article 62-2 of the Criminal Act;

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