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(영문) 인천지방법원 2015.05.28 2014고단3027

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a representative of the C Driving Institute in Bupyeong-gu Incheon Metropolitan City, who employs three full-time workers and operates a service business (recognive driving school).

1. The Defendant had worked from September 27, 201 to August 16, 2013 at the foregoing workplace and had retired from the said workplace, and did not pay the wages of KRW 2,200,000 for April 20, 2013, wages of KRW 2,200,000 for May 2013, and wages of KRW 2,200,000 for June 2013, and wages of KRW 2,200,000 for July 2013, and wages of KRW 1,100,00 for August 2013 and KRW 9,90,00 for wages of KRW 34,020 for three workers, and KRW 394 for the date of payment without agreement between the parties to the extension of the payment.

2. The Defendant worked in the foregoing workplace from September 27, 201 to August 16, 2013, and was retired from D’s retirement pay of KRW 3,487,700, and the retirement pay of KRW 5,245,889, respectively, to two retired workers, including KRW 1,758,189, which were retired from E’s retirement pay, from June 1, 201 to August 16, 2013, and did not pay KRW 5,245,889, respectively, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of each statute to the defendant, D, and E

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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

1. Selection of imprisonment with prison labor chosen;

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