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(영문) 대구지방법원 포항지원 2017.05.25 2016고단1261
근로기준법위반
Text

Defendant

A shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Defendant A, as the representative of E located in Northern-gu, Northern-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 39,112,00 won, in total, of the wages of 13 retired workers, as stated in the statement of money and valuables in arrears attached Table 1, as well as the amount of KRW 4,160,00 on November 28, 2015, retired on December 28, 2015, to 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Statement of the defendant in the fourth public trial record;

1. Each police statement made against H and B;

1. Application of Acts and subordinate statutes concerning specifications of payment of daily labor costs;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Imprisonment);

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. The part dismissing public prosecution in consideration of the reasons for sentencing under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 1654, Feb. 1, 2016; hereinafter referred to as "adverting sentence"), such as wages, etc., in the mitigated area (one to six months) (one month) [in the case of a person with a special mitigation] where a significant damage has been restored (the decision of sentencing was made], the details of the payment of wages, the delayed payment of wages, and the fact that substantial damage has been recovered (the High Court Order 165

1. Summary of the facts charged

A. Defendant A’s Defendant A is working in the field of the North-gu, North-si, and multi-household housing A and B located in G at Port, as a wooden offer, at the site of the new construction of the new construction of the Dong.

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