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(영문) 수원지방법원 안산지원 2015.08.10 2015고단560
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an employer who has been managing D, a company in-house subcontractor C, a company located in the Haak-gun B.

When a worker retires, the employer shall pay the wages within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant worked at the workplace from March 24, 2014 to June 3, 2014, and then retired workers E’s wage of 1,200,000 won on June 6, 2014 and did not pay the total of 66,198,680 won to 25 workers within 14 days from the date of retirement without agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each written petition and the Acts and subordinate statutes of the Agency for Verification of Unpaid Money and Valuables;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning the relevant criminal facts and the choice of punishment;

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;

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