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(영문) 대전지방법원 2019.05.30 2018고단2856

근로기준법위반등

Text

A defendant shall be punished by imprisonment for a period of two months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

[Criminal Power] On August 10, 2018, the Defendant was sentenced to 4 months of imprisonment with prison labor and 2 years of suspended execution by the Daejeon District Court on the violation of the Labor Standards Act, etc., and the said judgment became final and conclusive on August 18, 2018.

【Criminal Facts】

The defendant is the representative of the C(P) in the mountain, mountain and mountain area B, and is the employer who has been engaged in the manufacturing business with 17 full-time workers.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred.

Provided, That the date of payment may be extended according to the agreement between the parties in special circumstances.

The Defendant worked in the said workplace from March 19, 2014 to March 31, 2018, and paid the aggregate of the wages of retired workers D, KRW 8,322,299, and retirement allowances of KRW 12,894,241, and KRW 6,134,476, and retirement allowances of KRW 11,347,150, respectively, within 14 days from the date of retirement, without agreement between the parties on the extension of the due date for payment between the parties. < Amended by Act No. 9307, Jan. 1, 2009; Act No. 11606, Mar. 31, 2018>

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written petition, details of arrears by individual, average wages and retirement allowances for the petitioner;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62(1) of the Criminal Act provides that the total amount of wages and retirement allowances payable to D and E for the reasons for sentencing under Article 62(1) of the Criminal Act reaches about KRW 38 million.

As a result, it seems that the above workers suffered a considerable economic suffering.

However, through the auction procedure for the property owned by the defendant operation company, the damage of the above victims is considerable.