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(영문) 대구지방법원 경주지원 2017.03.30 2016고단826
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative of C in racing-si, who is engaged in the manufacturing business by employing 15 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 2,610,860 on February 1, 2016, when working in the above workplace and retired on March 1, 2016, within 14 days from the date of retirement, which is the date of payment, without agreement between the parties on the extension of the date of payment between the parties, and did not pay KRW 31,636,170 in total for nine workers, as shown in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to E, F, and G;

1. Each statement of G and H;

1. Application of relevant Acts and subordinate statutes, such as each petition, adjustment of work details, each report on overdue payment of wages, each basic outline, business registration certificate, commuting records, proxy records, telephone, etc., verification of facts including telephone, etc., inquiries about details of each transaction, records of commuting to and from work, etc., business owner's confirmation of each overdue wages, etc., receipt of deposit certificates, reports on receipt of deposit certificates, and records of commuting to and from June 2016;

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. Article 62 (1) of the Criminal Act on the suspended execution;

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