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(영문) 수원지방법원 안산지원 2018.02.27 2017고단2025
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of G in Gwanak-gu in Seoul Special Metropolitan City, and is the employer who has worked for 100 full-time workers at the construction site in Ansan-si H in Seoul Special Metropolitan City.

When an employee retires, the employer shall pay him/her wages within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant worked at the above construction site from May 10, 2016 to April 6, 2017, and did not pay the total amount of KRW 135,930,000 to 21 workers, as shown in the list of crimes in attached Form 21, as shown in the list of crimes, as well as KRW 3,40,00,00 of the retired workers I, within 14 days from the date of retirement, without any agreement on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of J, K, L, M, N,O, P and Q;

1. Application of the respective laws and regulations of I, R, S, and T

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

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 is large number of victims, the amount of damage is large, the defendant appears to reflect his/her attitude, the defendant has no record of punishment exceeding the fine, and the defendant concealed his/her property.

In light of the fact that there is no data to be seen, the original office building paid wages to workers on behalf of others, and all the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case, shall be determined in the same sentence as the order

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