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(영문) 서울동부지방법원 2015.02.12 2014고단2838
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant of the Gangseo-gu Seoul Metropolitan Government "2014 Highest 2838" is the representative of G (ju) in 605 of the F building in Gangseo-gu, Seoul, who runs a construction business with 15 full-time workers.

The defendant shall work at the same workplace from June 1, 201 to April 2, 2014.

As shown in the No. 1 and No. 3 of the attached Table No. 1 and No. 3, 43,091,870 won, including the total amount of wages and retirement allowances of retired workers H, was not paid within 14 days from the date on which the cause for the payment occurred without any agreement between the parties on the extension of the payment date.

The defendant of "2014 Highest 3605" is working at the I construction site in Gyeonggi-do from March 3, 2014 to July 8, 2014.

A retired worker J did not pay 14,00,000 won in total from April 2014 to July 2014 within 14 days from the date on which the cause for such payment occurred without any agreement between the parties on the extension of the due date.

"2014 Highest 3946" Defendant shall work in the relevant workplace from February 10, 2014 to July 9, 2014.

K's wage of 12,00,000 won was not paid within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

Summary of Evidence

"2014 Highest 2838"

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. The H's written statement "2014 Highest 3605";

1. Defendant's legal statement;

1. The police statement of M "2014 high-ranking 3946";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement to K;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. As to the Defendant’s assertion under Article 62(1) of the Criminal Act, the Defendant was unable to receive the settlement amount from the original office building.

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