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(영문) 춘천지방법원 원주지원 2017.01.17 2016고단1031
근로기준법위반
Text

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an employer who employs 11 full-time workers as a real manager of the corporation C, which is located in No. B and 105, in South Korea, and conducts real estate sales agency business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the defendant from August 19, 2015 to the same year.

9. The same year from August 31, 2015, including that F’s wages of KRW 3,230,000, retired from the E Regional Housing Association located in Gangwon-do by the end of 24.2, was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties.

9. Until 30.30., 34,208,330 won, total of 11 employees retired from office, as shown in the list of offenses, did not pay 34,208,330 won within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to A, F, and G by the police;

1. A H statement;

1. Application of each relevant statute;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense (the payment of each wage and the choice of each imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] There is no basic area (from April to August) (the person subject to special sentencing) [the sentence] [the decision of sentence] 6 months, the suspension of execution 2 years, and the wages not paid by the defendant of the community service order amount to KRW 34 million and the damage has not yet been recovered.

In addition, the defendant has been punished twice due to the violation of the Labor Standards Act.

However, the Defendant was unable to pay wages due to the difficulties in the management of the company, and paid wages in bad faith.

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