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(영문) 수원지방법원 안양지원 2013.09.26 2013고단548

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six 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 representative director of C, a corporation with No. 203 of building B in Ansan-si, who employs 10 full-time workers and operates civil engineering design business.

From April 1, 201 to November 30, 2012, the Defendant did not pay 53,281,622 won in total and 3,061,103 won in total for two retired workers, as stated in the attached crime list, as well as 4,263,50 won in June 201 of the retired workers D, who were employed in the said workplace and retired from office, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes governing payment of wages;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 109(1) and 36 of the same Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment, respectively;

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;