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(영문) 인천지방법원 부천지원 2016.11.10 2016고단1915
근로기준법위반등
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.

Reasons

Punishment of the crime

The Defendant, as the actual manager of C Co., Ltd. located in Kimpo-si B, was an employer who is engaged in the manufacturing industry by using full-time workers. On August 6, 2015, the Defendant did not pay KRW 8,308,630 of the amount of wages of retired workers E on or around August 6, 2015, and KRW 8,308,630 of the amount of wages of retired workers E on or around the 26th of the same month without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of resignation to F (List 2016, group 1915, group 2);

1. A petition (2016 Highest 1915 Inventory 1);

1. To apply the detailed statement of overdue money and valuables (List 1915, 4, 2016)-related Acts and subordinate statutes;

1. Imprisonment with prison labor under Articles 109 (1) and 36 of the relevant Act and Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

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;

1. In light of the circumstances favorable to the defendant's reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act (which seems not to be a confession, reflectivity, malicious or intentional failure), unfavorable circumstances (it does not lead to pleasure of the nature of the crime, recovery from damage), and other factors of sentencing as indicated in the instant case, including the defendant's age, character and behavior, living environment, and circumstances after the crime, etc., together, the punishment shall be determined as ordered.

Public Prosecution Rejection Parts

1. The summary of this part of the facts charged is as follows: (a) the Defendant is each actual manager of E-dong C and Dong C located in Kimpo-si, Kimpo-si; (b) the Defendant was an employer who is engaged in the manufacturing industry by using full-time workers; (c) the Defendant was working at the said joint stock company C, and did not pay KRW 1,520,000 of G wages of retired workers at around July 25, 2015 within 14 days from the date of the above retirement; and (d) from around that time to September of the same year, 20 workers who were employed at the said workplace as shown in the list of crimes in the attached Table from around that time to September of the same year and retired workers, including 159,073,6

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