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(영문) 제주지방법원 2016.09.30 2016고단980
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.

(e).

Reasons

Punishment of the crime

The defendant is an employer who employs ten full-time workers at the F construction site in E at Jeju, and engages in a construction business.

The Defendant did not pay KRW 4,160,000 to G workers employed by the said workplace from April 15, 2013 to April 30, 2013, as stated in the attached Table 2-4, 6-8, and 10s on the date of retirement without agreement on the extension of the payment deadline, and did not pay KRW 24,145,00 in total of seven workers’ wages, as stated in the attached Table 2-4, 6-8, and 10 days from the date of retirement, without any agreement on the extension of the payment deadline with each worker and each worker within 14 days from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of written petition prepared by H and G;

1. Relevant legal provisions and choice of punishment for facts constituting a crime: Articles 109 (1) and 36 of the Labor Standards Act, and the choice of imprisonment;

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

1. Suspension of execution: Article 62(1) of the Criminal Act (The following sentencing conditions are considered in light of the sentencing conditions stipulated in Article 51 of the Criminal Act as stated below) shall be determined as ordered by considering all of the following circumstances.

The favorable circumstances: The fact that all facts constituting the crime are recognized, the fact that there are circumstances such as the delayed payment of wages due to the failure to receive the payment of the work price for the defendant delivered: The fact that there is a possibility of being punished by a fine for the same kind of crime; the fact that the amount of overdue wages is relatively large; the motive and background of the crime; circumstances after the crime; the defendant's occupation, age,

1. The Defendant is an employer who employs ten full-time workers at the F construction site located in E in Jeju, and engages in a construction business.

The Defendant is employed between April 15, 201 and April 30, 2013 by workers employed by the said workplace and worked at the said workplace, without agreement on the extension of the payment deadline, within 14 days from the date of retirement.

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