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(영문) 창원지방법원 2019.07.25 2018고단3175
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

However, 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 of "2018 Highest 3175" is an employer who engages in assembly business with eight regular workers without a place of business.

From July 25, 2018 to September 15, 2018, the Defendant did not pay KRW 7,725,000,00, total amount of wages of 19 workers, etc. within 14 days from the date of retirement without agreement on the extension of the due date between the parties, and did not pay KRW 35,740,00, total amount of wages of 19 workers, etc. within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

The defendant of "2018 Highest 3255" is an employer who engages in assembly business with eight regular workers without a place of business.

From July 23, 2018 to August 18, 2018, the Defendant did not pay KRW 1,734,370 of the wages E, who worked as an establishment worker at a factory located in Kimhae-si B, within 14 days from the date of retirement, without agreement between the parties on the extension of the date.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint, each power of attorney, each petition, each simplified statement, and each telephone statement;

1. Application of the Acts and subordinate statutes of letters;

1. Relevant Articles 109(1) and 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to four years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the amount of wages, etc. unpaid [Type 1] below 50 million won [Special Sentencing] - Reduction element: In cases where there are particularly extenuating circumstances for the unpaid circumstances, [the scope of the recommended area and the recommended punishment] mitigation range, one month to six months [general person] - Suspension of the execution of the same criminal records that do not constitute a repeated offense] - Major pride grounds for non-payment: In particular, the reasons for non-payment are as follows:

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