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(영문) 창원지방법원 통영지원 2018.06.20 2018고단91
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The defendant is an employer who employs 230 full-time workers under the trade name of Section C (State) located in Section B (State) in Tong-si and is a person in charge of the operation of the vessel's forest processing business.

The Defendant, from June 1, 2017 to June 1, 2017, served as a special map in the above workplace, and on June 30, 2017, paid KRW 53,50,00,00, in total, of the wages of 3,750,00 of E retired workers on June 30, 2017, within 14 days from each retirement date without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Details on calculation of average wages and retirement allowances;

1. The wage ledger, July 2017;

1. Application of Acts and subordinate statutes on comprehensive transfer contract of business;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime and Articles 109 (Selection of Imprisonment);

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

1. The part dismissing the public prosecution under Article 62 (1) of the Criminal Act

1. The Defendant in this part of the facts charged is an employer who employs 230 full-time workers under the trade name of C (State) in Tong Young-si and B (State) D and operates a vessel processing business.

A. From March 27, 2013, the Defendant violated the Labor Standards Act: (a) from around the said place of business to around July 31, 2017, the Defendant did not pay the total of KRW 600,000 monthly wage of KRW 3,60,000 on May 31, 2017, and KRW 3,60,000 on July 7, 2017, as well as KRW 1 through 73,75 through 97, 99 through 131, 133 through 135, 137 through 145, 147 through 152, 154 through 156, 158 through 161, 186 through 184, 186 through 194, 196 through 194, 198 through 37, 2196 through 237, 2196.

(b).

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