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(영문) 인천지방법원 2014.02.06 2013고단4364
선원법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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 the representative director of the D Co., Ltd. located in Seo-gu Incheon Metropolitan City, E and F.

Where a seafarer retires, a shipowner shall pay wages, compensations, and other money and valuables within 14 days from the time the reason for payment occurred.

Nevertheless, the Defendant, as the captain of E on May 31, 2013, did not pay the total of KRW 119,067,556 for seven seafarers, including KRW 17,713,953, in total, wages and retirement allowances for G retired from May 31, 2013, within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of G, A, H, and I;

1. Application of each relevant statute;

1. Relevant provisions of Article 5 (1) of the Seafarers Act concerning facts constituting an offense, and Articles 109 and 36 of the Labor Standards Act.

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that there is no previous conviction sentenced to a heavier punishment than a fine, and the fact that a mistake is reflected therein;

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