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(영문) 전주지방법원 2013.06.27 2013고단1306
임금채권보장법위반등
Text

Defendant

A Imprisonment of one year and six months, Defendant B of a fine of KRW 15,00,00, Defendant C of a year, Defendant C of a year, and Defendant D of a year.

Reasons

Criminal facts

1. Crimes related to substitute payments;

A. Defendant A and Defendant C: Violation of the Wage Claim Guarantee Act, and fraud A were the representative director of L Co., Ltd. from July 2007 to July 2007. Defendant C was a person who had been working as a director of M Co., Ltd from December 2006 to December 2006.

On July 201, 201, the Defendants: (a) the said M was imminent due to the aggravation of financial standing and the occurrence of delayed payment of wages to its employees; (b) caused false workers to put them into the workplace; or (c) let them receive substitute payments by unrefising the wages of the previous workers; and (d) conspired to divide them into several parts.

On January 10, 2012, the Defendants had the Ministry of Employment and Labor receive substitute payment of KRW 69,508,997 in total, as shown in the attached list of crimes, by allowing 12 employees, including N, to apply for substitute payment as if they were actual workers, even though 12 employees, including N, were not employees belonging to M, and to receive it on January 18, 2012.

Accordingly, the Defendants deceptioned the labor inspector in charge by submitting false documents so that they can receive substitute payment by unlawful means as above, and then, they acquired substitute payment by receiving the substitute payment of KRW 69,508,997 in total as the Korea Labor Welfare Corporation.

B. Defendant B 1’s violation of the Wage Claim Guarantee Act, fraudulent aiding and abetting, and violation of the Certified Public Labor Attorney Act is the representative certified labor affairs consultant of the O labor law firm A and C above.

In light of the fact that an application for substitute payment is filed in an unlawful manner as described in the paragraph, the Ministry of Employment and Labor submitted an application for substitute payment and related documents containing the aforementioned false workers at the office of the next mountainous district office around January 10, 2012, and made the said workers state as if they were the actual workers before the labor inspector, thereby facilitating the relevant crime, and at the same time, the client by unlawful means.

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