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(영문) 대전지방법원 2012.06.21 2010고단2662
근로기준법위반
Text

A defendant shall be punished by imprisonment for four 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, as the representative director of the company D in Daejeon Jung-gu, is a user who runs real estate development business using at least ten full-time workers.

[2010 did not pay 46,575,715 won in total as stated in the detailed statement of the money and valuables in arrears, including 9,419,840 won in total, from October 2009 to January 31, 2010, as well as 46,575,715 won in total, among six retired workers, from July 20, 2009 to January 31, 201, as well as 9,419,840 won in total, from October 2009 to January 20, 2010.

[2010 order 4078] The Defendant served as the head of the headquarters from July 28, 2008 to February 28, 2010.

The retired FF’s wages of 451,530 won in September 2009, the wage of 451,530 won in October, 10, the wage of 2,451,530 won in November, 201, the wage of 3,451,530 won in December, 201, the total of 10,251,350 won in February, 201, and the total of 3,445,230 won in February, 201, and the said company’s regular work from July 15, 2008 to February 28, 2010.

The amount of the retired G's wage of 4,414,840 won in September 2009, the wage of 2.914,840 won in October, the wage of 5,414,414,840 won in November, the wage of 12 months, the wage of 5,414,840 won in January, 2010, the wage of 5,414,840 won in February, the wage of 5,414,840 won in February, and the wage of 28,961,800 won in February has not been paid after the lapse of 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement made by each accused in the protocol of the third and sixth trial;

1. Each written petition;

1. Application of the respective Acts and subordinate statutes of H and I

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 36 of the said 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 (including the circumstances under which wages have been in arrears due to business difficulties and six workers in the case of the 2010 Highest 2662 case, taking into account the fact that the wages in arrears have been paid in the course of compulsory auction

1. Probation under Article 62-2 of the Criminal Act;

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