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(영문) 창원지방법원 통영지원 2014.07.24 2013고단1043
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 is an employer who employs approximately 20 full-time workers as the actual manager of (State)D in the city of macro-city C, and has them engage in the vessel processing business.

The Defendant, who was employed by the foregoing company on July 10, 2012, did not pay KRW 10,030,000 to retired workers E on September 21, 2012 within 14 days from the date of his/her retirement without any agreement on the extension of the due date.

In addition, the Defendant did not pay the total of 6,312,278 won of wages of 11 workers within 14 days from the date of each retirement without an agreement on extension of payment due, as stated in Appendix I, as well as in Appendix I.

Summary of Evidence

1. The defendant's partial statement in each legal statement E, F and G;

1. Application of Acts and subordinate statutes to the benefit ledger, a purchase contract, an intra-company production contract, a written claim, etc., safety management contract, etc., a detailed statement of failure to pay progress payment, a written consent for direct payment, a benefit ledger, a commuting card, and a food statement in July 2012;

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

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

1. As to the assertion and judgment of the defendant and his defense counsel under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the defendant during the following sentencing)

1. Defendant and his defense counsel’s assertion

A. On July 2012, the Defendant and the workers agreed to pay the amount equivalent to 60% of the amount claimed by the workers.

B. Recognizing the fact that the amount of KRW 30 million out of the wages in August 2012 was unpaid, the Defendant has no obligation to pay wages on the ground that: (a) as to the amount of wages in September 2012, a company Sejong Heavy Industries, upon termination of a labor contract with employees, paid wages directly to employees; and (b) thus, (c) there is no obligation to pay wages

2. Determination

A. The following evidence are comprehensively admitted prior to the determination of the amount of wages on July 2012.

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