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(영문) 인천지방법원 2017.11.30 2016고단7606
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is an employer who actually operates a steel structure manufacturing business by employing six workers as the actual manager of the D company located in Haan-gun, Haan-gun, Hanam-gun.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 52,127,650 to 14 days from the date of retirement without an agreement on the extension of payment date between the parties, as shown in the list of crimes in attached Form 1, such as where he/she did not pay the amount equivalent to KRW 9,35,500 of the G wage that was retired when he/she worked at the construction site of the F Corporation located in Gunsan-si E from November 2, 2015 to January 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, J, and I;

1. A written statement of G, H and K;

1. Application of Acts and subordinate statutes to a complaint and a petition;

1. Relevant Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment, and the Selection of Imprisonment with labor for a crime;

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] Article 62(1) of the Act on the Suspension of Execution where there are grounds for special consideration for the reasons for the failure to pay the mitigated area (one to eight months) (one to one hundred million won) [the decision of sentencing] of the mitigated area (one to one who is a special mitigated person] [the decision of sentence] of the same kind, but it reflects his mistake, and the contractor reflects his fault, and it appears to have paid part of the amount to workers H as a result of his failure to pay the subcontract price, and it appears that he paid part of the amount to workers H. In addition, it is decided as per the order, taking into account all the sentencing factors as shown in the argument of the case, such as the defendant's age, sex, environment, motive and means of the crime, the motive and consequence of the

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