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(영문) 의정부지방법원 고양지원 2013.09.26 2013고단793
근로기준법위반등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is an employer who runs a construction business by using 13 full-time workers as the representative of H, which is located in Ilyang-gu G in Ilyang-gu, Busan Metropolitan City.

The defendant shall work in the relevant workplace from September 14, 201 to September 30, 2011.

The wages and retirement allowances for eight workers, including the wages 2,080,000 of retired workers I, have not been paid within 14 days from the date of occurrence of the cause for payment, without any agreement between the parties concerned about the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Written complaints by I and J;

1. Application of the laws and regulations of I and J

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the payment of retirement allowances and the choice of imprisonment with labor);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act against the K of Victims with the largest penalty);

1. The portion concerning the rejection of prosecution under Article 62 (1) of the Criminal Act (i.e., that the defendant is a disabled person of Grade V, that he/she is taking into account the fact that he/she is currently in medical treatment by setting up his/her body three degrees,

1. The summary of the facts charged is an employer who runs a construction business with 13 full-time workers as the representative of H, which is located in Ildong-gu G in Ilyang-gu, Busan Metropolitan City.

The Defendant shall work at the relevant workplace from October 29, 201 to August 10, 2012.

The wages and bonuses of retired workers B including 14,856,760 won, and the wages of five workers have not been paid within 14 days from the date of occurrence of the cause for payment without agreement between each party to the extension of the due date for payment, as shown in the attached Form 1 to 5.

2. Public prosecution is dismissed, and each of the above crimes is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and is in accordance with Article 109(2) of the Labor Standards Act.

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