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(영문) 수원지방법원 안산지원 2014.11.19 2014고단1651
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Criminal facts

The defendant is the third representative in Ansan-si, Ansan-si, who is a full-time worker, and is an employer who operates the clothing manufacturing business using 20 full-time workers.

From February 21, 2014 to March 15, 2014, the Defendant had workers D employed and had them work in the workplace, but did not pay 3,498,750 won as wages, and did not pay 14 days from the date of retirement within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, as shown in the list of crimes (the sum of 33,394,020 won deposited to 12 employees, as shown in the net order of 2 through 7, 9, 10, 11, 12, 14, 17).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective texts and written statements to D, E, F, G, H, I, J, K, L, M, N, andO

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

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

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is a case where the defendant did not pay approximately KRW 30 million to 12 workers in total, and the defendant committed the crime of this case at a disadvantage, such as the case where the defendant did not pay wages to 12 workers in total. The defendant recognized the crime of this case and reflects his fault in depth. The defendant paid the total amount to 7 workers among 12 workers, a part of the total amount to 3 workers, and a portion of the unpaid wages by paying each amount to 3 workers. The circumstances leading up to the aggravation of the financial situation due to such reasons as the transaction company's failure to recover claims, there are circumstances under which the payment of wages has not been made due to the aggravation of financial circumstances, and there are favorable circumstances such as the defendant who did not have any criminal power over fines, and all of the sentencing conditions

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