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(영문) 수원지방법원 성남지원 2013.05.15 2012고단1273
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.

Reasons

Punishment of the crime

The defendant is an employer who runs a construction business with 25 full-time workers in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu.

The Defendant did not pay 71,246,003 won in total for 13 workers, including 2,00,000 won in wages of workers D, who worked in the above workplace from January 1, 2012 to February 29, 2012, within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned, as stated in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each written appeal or written statement by workers listed in the attached Table on the details of arrears;

1. Application of the Act and subordinate statutes to the details of arrears (63 pages of investigation records);

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts and the choice of punishment: Imprisonment;

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

1. The sentence shall be determined as ordered in consideration of the total sum of the grounds for sentencing under Article 62(1) of the Criminal Act, the relevant period of employment, the fact that the accused is endeavoring to pay the unpaid benefits, the fact that the accused has no particular criminal record in addition to the fine;

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