근로기준법위반등
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.
Punishment of the crime
The Defendant is the employer who employs six full-time workers as the representative director of the C Co., Ltd., which is located in B at the time of strike and operates printing business.
The defendant shall work at the place of business from March 16, 2007 to November 30, 2012.
The amount of four-month wages of retired workers D shall be 11,280,000, retirement allowances of 15,947,020, and retirement allowances of 15,947,020, and from February 2, 2009 to January 13, 2013.
Wages and retirement allowances for six-month wages and allowances for retired workers E, including 3,910,920 won, retirement allowances 12,794,840 won, did not pay 43,932,780 won in total for 6-month wages and retirement allowances within 14 days from the date of retirement without any agreement between the parties on the extension of payment dates.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Each written petition (D, E);
1. Application of Acts and subordinate statutes to average wages, retirement allowance calculation statements, and arrears details;
1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to facts constituting an offense, Articles 109 (1) and 36 of the Act on the Selection of Penalties, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that each retirement pay is payable and the choice of each imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing) include: (a) the first offender who has no criminal record of the same kind; (b) the amount of money and valuables in arrears of the defendant is a considerable amount; (c) the defendant has been in arrears due to the failure of his/her workplace; (d) the possibility of the repayment of the money and valuables in arrears; (e) the existence of the defendant’s ability to repay; and (e) the character, conduct, family environment