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(영문) 창원지방법원 2012.08.31 2012고단1886
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 a person who has operated a construction company C with 30 full-time workers employed in Busan-gu B.

1. From June 1, 2009 to September 30, 2011, the Defendant violated the Labor Standards Act with respect to the victim D, who was contracted by the said company E to work as the head of the site office at the construction site of the construction site of the construction site of the construction site of the window at Changwon-si, a corporation, and retired from the said company as the said company, and did not pay the wages of 3,00,000,000 and the total sum of 6,776,840,00,000 and retirement allowances and retirement allowances of 6,776,840,000 from October 1, 201 to September 201, without agreement between the parties on the extension of the payment date, within 14 days from the date each of the grounds for the payment occurred.

2. The Defendant violated the Labor Standards Act against the victim G did not pay KRW 5,230,00,00 in total, as of June 1, 2009 through September 30, 2010 of G that was employed at the said new construction work site and retired from the said new construction work site, within 14 days from the date on which each of such causes for the payment occurred, without an agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes on police statements concerning G and D;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 31 and 9 of the Guarantee of Workers' Retirement Benefits Act (the payment of retirement allowances and the same applies pursuant to Article 34 of the Labor Standards Act), and the choice of imprisonment, respectively;

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. Social service order under Article 62-2 of the Criminal Act;

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