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(영문) 창원지방법원 거창지원 2014.12.17 2014고단326
근로기준법위반
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 was an actual operator of M Co., Ltd. L, which had been engaged in the manufacturing of steel structures from May 2013 to September 30, 2013, employing 15 full-time workers.

The Defendant has worked in M Co., Ltd. from September 12, 2013 to October 1, 2013.

The sum of the wages of retired workers N was not paid within 14 days from the date of retirement without agreement on the extension of the due date for payment, and the “E” stated in the attached Table 24 of the indictment of this case in the attached Table of the crime sight table in the attached Table of the crime list in the attached Table of this case is deemed to be a simple clerical error in Q. It was corrected.

As stated in the 6 to 10, 15 to 25, the wages of 16 workers were not paid in total of 73,590,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning theO;

1. A P statement;

1. Each complaint and each petition;

1. Application of the Acts and subordinate statutes on the late payment period from August to September 2013 and the Act on the Work Card from August to September 2013

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

1. Determination of imprisonment with prison labor (in full, exceeding 70 million won, considering the fact that the sum of the unpaid wages exceeds 70 million won, the fact that the defendant was able to pay a portion of the wages with the progress payment received by the defendant, he/she has used the progress payment as repayment of the individual obligation, and

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

1. Part concerning the rejection of prosecution under Article 62(1) of the Criminal Act (see, e.g., confession of criminal conduct, and detention due to the instant crime)

1. The summary of the facts charged is that the Defendant, from May 2013 to September 30, 2013, was engaged in the manufacturing of steel structures by employing 15 full-time workers as an actual operator of M Co., Ltd. L, Inc., Ltd., Ltd., Ltd., Ltd., the Gyeongnam-gun, Gyeongnam-gun

The Defendant is working in M Co., Ltd. from May 13, 2013 to October 1, 2013.

It is agreed that the total amount of wages C of retired workers shall be KRW 4,205,000,000.

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