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(영문) 창원지방법원 2013.07.26 2013고단477
근로기준법위반등
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates ship pipeline E in Sung-gu, Sungwon-si, Sung-si, Sung-si, Sinnam-si, Sinnam-si.

From May 23, 2007 to November 12, 2012, the Defendant: (a) provided labor at D’s workplace in Seongbuk-gu, Seongbuk-gu; (b) paid KRW 1,302,910 in September 2012; (c) paid KRW 3,438,740 in total; (d) paid KRW 1,490,830 in October 2012; and (e) paid KRW 3,438,740 in November 2012; and (e) KRW 9,403,160 in total; and (e) paid KRW 12,841,90 in September 23, 2012 within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties to the extension of the due date.

In addition, the Defendant did not pay the total of KRW 57,809,150 for 12 employees and the total of KRW 225,162,410 for 167,353,260 for employees as stated in the attached list of crimes in addition to this, within 14 days from the date on which the cause for the payment occurred without agreement between the parties to the extension of the payment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A written statement;

1. Application of each benefit ledger and each Act and subordinate statutes for the calculation of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (It is reasonable to deem that only the Guarantee of Workers' Retirement Benefits applies to the portion of retirement allowance as stipulated in Article 34 of the Labor Standards Act), and each decision of imprisonment with prison labor

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the background leading to the crime, the circumstances in which a significant portion of the substitute payment was made to the defendant, and the facts against the defendant's mistake);

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