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(영문) 울산지방법원 2018.01.30 2017고단2842
근로기준법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

Criminal facts

The defendant is a user who operates a manufacturing business of motor vehicle parts by employing seven full-time workers as a real manager of D in the racing-si.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of KRW 16,062,200 for seven workers, such as the wage of KRW 1,507,880, who was employed from September 7, 2015 to October 7, 2015 and retired workers E, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A written complaint and a written complaint;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from a witness G phone);

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 [Determination of type] The basic area of sentencing of category 1 (less than 50 million won) [decision of the area of recommendation] [the scope of recommendation] April-8 [the scope of general sentencing]] - the criminal records of the same kind that are not subject to aggravated factors [the main reason for suspended sentence] - there are not less than negative criminal records of the same kind (not less than 5 years and not more than 3 times): there are no criminal records of the same kind of crime (decision of suspended sentence) - there are no criminal records of the same kind of crime that are sentenced not less than positive and more than 3 times: the defendant committed a fine as a violation of the Labor Standards Act of the same kind before the instant case, and committed each of the instant crimes while he did not pay a total of 9 million won.

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