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Reasons
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(영문) 수원지방법원 2019.02.14 2018고단7320
근로기준법위반
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A defendant shall be punished by imprisonment with prison labor for up to 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 personal constructor who resides in B and runs a construction business with seven regular workers.

The Defendant did not pay 70,780,000 won in total for 11 employees as shown in the following crime chart, including the sum of D wages from May 31, 2017 to June 15, 2017 at the site of the construction work of the Asan City Crens New Construction Work, within 14 days from the date of retirement of each employee, without agreement between the parties on the extension of the due date.

(1) From May 31, 2017 to June 15, 2017; 1D 1D 1D 201 to June 15, 2017; 20 E from May 31, 2017 to June 13, 2017; 320,00 to June 15, 2017; 320,00 from April 31, 200 to June 15, 2017; 30.66. 7. 0. 60,005 to June 31, 200; 30. 8. 60,005 H 205 to June 13, 2017; 30. 8. 60,07; 2005 to 15. 8. 15, 2016 to 14. 6. 7. 7, 2017

1. Defendant's legal statement;

1. Each police officer's statement of D, H, K, and L;

1. Each complaint of D, E, G, F, H, I, J, K, L, M, and N;

1. Application of Acts and subordinate statutes on working dates and details;

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 (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area (4 to 1 year) of types 2 (not less than 50 million won, not more than 100 million won), such as wages, etc.: The wife type 1 step increase (no special person) as a result of adding up the same kind of competition, and the range of comparison of recommended types: April to 1 year [Pronouncement Decision] that is disadvantageous to the defendant: 11 damaged workers, overdue wages of 70 million won, and damage recovery.

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