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(영문) 창원지방법원 마산지원 2018.09.21 2018고단301

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

The Defendant, as the representative director of the ICO, was an employer who has employed 40 full time workers and engaged in the ready-mixed manufacturing business, and the Defendant did not pay wages, retirement allowances, etc. for eight workers, etc. within 14 days from the date of retirement without agreement between the parties on the extension of the payment date between the parties concerned, as well as 5,398,140 won, including the sum of 2,263,00 won, retirement allowances, and 3,135,140 won, of the victim K’s wages, 2,398,3,5,5,6,8,11 and 12, from September 8, 2015 to September 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of K, L, M, N,O, and P;

1. Each criminal complaint and a petition;

1. Application of Acts and subordinate statutes to each statement of benefits, average wages, and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 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 Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence are as follows: (a) the fact that the defendant mistakenly acknowledges and reflects the sentencing; (b) substitute payment was made to victimized workers; and (c) the details and details of the case; and (d)

Rejection of Public Prosecution

1. Violation of the Labor Standards Act in relation to Workers B, C, D, E, F, G, and H, or violation of the Workers’ Retirement Benefit Security Act

2. The facts charged in this part of the judgment are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.

In this sense, above.