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(영문) 광주지방법원 순천지원 2017.06.16 2016고단2246
근로기준법위반등
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 of "2016 Highest 2246" is an employer who ordinarily employs 80 workers and engages in the business of manufacturing vessel blocks, who is the representative of the N (N)O in the south-si.

The Defendant, from September 10, 2014 to June 30, 2015, did not pay KRW 4,00,000 of P retired from the said workplace within 14 days from each retirement day without agreement on the extension of payment deadline, as well as KRW 19,909,00,00 for five workers listed in the attached Table 1 to 3,6, and 7 of the daily sight of crimes, including KRW 19,909,00,000, and KRW 3,44,467 of Q Q’s retirement allowance as stated in the attached Table 4.

The defendant of "2017 Highest 286" is an employer who has been engaged in the manufacturing industry of a ship by employing 100 full-time workers, who are actually engaged in the (ju) S in the Republic of Korea R in the Republic of Korea.

The defendant from July 7, 2016 to the same year.

8. Until August 17, 2016, Telecommunication’s wages of 1,157,00 won in August 2016, which were retired from the said workplace, were not paid within 11,682,00 won in total for eight workers listed in the annexed crime sight table 2 times through 3, 5, 9 through 11, and 19, without any agreement between the parties on the extension of payment deadline between them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 sentence of Article 62(1) of the Criminal Act is a criminal record of a fine of the same kind with the same reason for sentencing; on the other hand, all the sentencing conditions indicated in the arguments of this case, such as the defendant's reflection, the amount of unpaid money, the degree of efforts made by the defendant to pay wages, etc.; the defendant's age, sexual behavior and environment.

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