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(영문) 창원지방법원 통영지원 2016.10.20 2016고단230
근로기준법위반
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

The Defendant is the representative of H in G Co., Ltd. located in G in G in G in G in G in G in G in G in G in G in G in G in G in G in Gyeong-gun and is an employer who runs vessel processing business.

The Defendant, from September 7, 2015 to October 14, 2015, worked as a worker at the above workplace, and on September 14, 2015, had not paid the total of 47,412,438 won of wages of 24 workers within 14 days from each date of retirement, as stated in the attached Table Nos. 1 through 3, 7, and 27, including the wage of 1,311,230 won of workers I retired from office on September 14, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to I, J, and K;

1. Application of the respective laws and regulations of L, M, N,O, P, Q, R, SIC, U, C,V, and W

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 Act on the Suspension of Execution is about 5,690 won of wages which the defendant did not pay to workers, while not paying wages, etc., appears to be due to business difficulties. The defendant is the primary criminal of the defendant. In addition, the defendant's age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc. are considered to have taken into account the sentencing conditions under Article 51 of the Criminal Act.

1. The summary of the facts charged is that the Defendant, as the representative of H in G Co., Ltd. located in G Co., Ltd. in G Co., Ltd. in G Co., Ltd. in G Co., Ltd. F, the Defendant is an employer who runs vessel

The Defendant, from July 30, 2015 to October 31, 2015, had worked at the above workplace and had retired on October 31, 2015, agreed on the extension of payment period by the parties to the agreement on the total amount of three employees’ wages, including KRW 2,013,410, Sept. 9, 2015, and KRW 4,5,480, as indicated in the attached crime sight table No. 612,747,480.

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