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(영문) 전주지방법원 남원지원 2015.10.06 2015고단141
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 21, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Tax Evaders Act in the Southern District Court's Southern District Court's branch, and the sentence was finalized on April 29, 2015.

The defendant is the representative of F, Co., Ltd., Ltd. E in the Jeonbuk-gun, who employs seven full-time workers and operates the steel structure manufacturing business.

The Defendant, while working in the foregoing workplace from July 29, 2014 to September 6, 2014 at the same workplace, did not pay KRW 3,060,000 of G's wages, which were retired, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, and did not pay KRW 8,590,000 in total for four workers within 14 days from the date of each retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to H, G, I, and J;

1. Details of G accounts;

1. Statement of labor;

1. Details of confirmation of fact, such as telephone;

1. Each written petition;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (same records and attachment of court records of a case for which judgment has become final and conclusive);

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act due to the failure to pay wages to G workers with the largest penalty);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant delayed the payment of wages to four workers; the delayed payment of wages reaches 8.59 million won in total; and that the defendant has the power to have been punished several times due to the same kind of crime, which is disadvantageous to the defendant.

However, the defendant recognizes all of the crimes of this case and reflects them.

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