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(영문) 춘천지방법원 영월지원 2015.09.18 2014고단600
근로기준법위반
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a personal farmer, is a person engaging in agriculture by using 2 to 8 full-time workers in the field of culture in the vicinity of the Gangwon-gun E.

The Defendant paid the total of KRW 7,00,000,000 to the victim F and the names of the victims employed by the victim from September 13, 2013 to September 24, 2013, the Defendant did not pay the amount of KRW 7,00,000 to the party concerned within 14 days from the date of retirement without an agreement on the extension of the due date.

“2015 Highest 206” Defendant did not pay KRW 35,20,000,000,000,000,000 to employees G employed by the Defendant and employed by the said workplace from November 18, 2013 to October 15, 2014, including KRW 27.6 million of wages in 2013, and KRW 7.6 million of wages in 2014, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

[2015 Highest 111]

1. Defendant's legal statement;

1. The statement by the police concerning F, and the account book (2015 high-ranking206);

1. Defendant's legal statement;

1. Written statements and written complaints;

1. Application of Acts and subordinate statutes to the investigation report (specific amount of damage);

1. Articles 109 (1) and 36 of the Labor Standards Act applicable to the crimes;

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

1. Article 62 (1) of the Criminal Act (No separate criminal record exists, and the scale of accounts payable in this case, details about arrears, etc.) to dismiss the public prosecution under suspended execution (Article 2 (1) of the Criminal Act);

1. The Defendant is a person engaged in agriculture by using two to eight full-time workers in the field of worship in the vicinity of the Gangwon-gun E, Gangwon-gun, and C and D are employed by the Defendant and were employed by the Defendant to work for composts, pesticide spraying, Kim Jong-mak, etc. from the said field of paddy field. The Defendant is an employee who worked at the aforementioned place of business from May 7, 2014 to July 15, 2014 of D-D’s working for the said field of paddy-gu.

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