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(영문) 광주지방법원 2014.02.13 2013고단5989

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the Seo-gu D representative in Gwangju, who employs 20 full-time workers and has been engaged in service business, and is working in the above workplace from July 2, 2012 to August 31, 2013.

The fact that the total amount of wages, etc. of retired workers E, 11,434,860 won was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, and the fact that the total amount of wages, allowances, and 51,508,320 won was not paid to three workers within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned. Work in the workplace from July 2, 2012 to August 31, 2013.

The retirement allowance of retired workers E was not paid 1,984,650 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, and the total amount of 26,012,910 won of the retirement allowance of three workers was not paid within 14 days from the date of retirement without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes on the calculation statement of each retirement allowance, details of calculation of each non-paid amount, and details of calculation of non-paid amount;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that payment of retirement allowances is not made and the choice of imprisonment is not made);

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration into comprehensive consideration of the amount of unpaid wages, retirement allowances, the fact that the defendant deposited some money to workers, the current economic situation of the defendant, criminal records of the defendant, etc.