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대구지방법원 2015.08.13 2014고단5437
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.

(e).

Reasons

Punishment of the crime

The defendant is the representative of Daegu Dong-gu C, who is a full-time worker and operates a manufacturing business using 18 full-time workers.

From May 21, 2014 to August 12, 2014, the Defendant did not pay five workers’ total wages of KRW 7,916,380,00 within 14 days from the date of retirement without agreement on the extension of payment period between the parties concerned, including the sum of KRW 1,900,000,000 in June 201, 2014, and the sum of KRW 3,000,000 in August 2014, and KRW 3,000 in August 20, 2014, within 14 days from the date of retirement without agreement on the extension of payment period between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G and H;

1. Application of Acts and subordinate statutes to the details of arrears by worker (30 pages of investigation records);

1. Article 109(1) and Article 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. The reason for sentencing under Article 62(1) of the Criminal Act is that it is not appropriate to sentence a fine again on the grounds that the defendant, for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, has a total of 79 million won in wages not paid to five workers within the statutory time limit, and that the defendant has a record of punishment for a fine of ten times

The fact that the defendant repents and reflects the wrong shall be considered as favorable circumstances.

In addition, in full view of the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances, such as the Defendant’s age, character and conduct, career, and environment, as shown in the instant pleadings, the punishment as ordered shall be determined.

Public Prosecution Dismissal

1. The Defendant, as the representative of Daegu Dong-gu C, is an employer who runs a manufacturing business with 18 full-time workers.

The defendant is in the same workplace as in the attached Table No. 1 and 3.