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(영문) 제주지방법원 2013.08.07 2013고단124

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative director of T Co., Ltd. located in S at Jeju.

The Defendant did not pay KRW 8,820,00 and retirement allowances of KRW 4,501,082 from April 1, 2010 to June 7, 2012 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay the wages and retirement allowances to the employees under his/her jurisdiction, as stated in the attached list of crimes (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to V,W, X, and U;

1. Each petition of Y, Z, AA, AB, AC, AD, AE, AF, AH, AI, AJ, AK, AL, and AM;

1. Application of Acts and subordinate statutes to the detailed statement of overdue money and valuables, detailed statement of unpaid allowance, withholding receipts, benefit ledger, each remaining business report, and each special probation report;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid retirement allowances);

1. Articles 40 and 50 (Punishments imposed on the employees other than workers AC, W, and X) of the Criminal Act for the violation of each of the Labor Standards Act, the guarantee of workers' retirement benefits, and the punishment imposed on the violation of each of the Labor Standards Act, of which the circumstances are serious;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant is unable to pay wages and retirement allowances to workers because of the management of the above company due to the difficulties in operating the above company, and the total amount of wages, etc. which can be found guilty except the dismissed portion as follows, exceeds approximately 200 million won, and the defendant is selected to be sentenced to imprisonment with labor in consideration of the following large amounts. Employees in the annexed list of crimes (1) are also entitled to substitute payment and are also entitled to receive unpaid wages.