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(영문) 부산지방법원 2017.01.12 2016고단6557

근로기준법위반

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a business owner who employs 70 full-time workers in Young-gu, Busan Metropolitan City E and operates (State) F, and is an employer.

When a worker dies or retires, an employer shall pay all money or valuables, such as wages, retirement allowances, etc., within 14 days after the cause for such payment occurred.

The Defendant, while working in F from April 8, 2015 to August 17, 2015, failed to pay the total of KRW 5,536,000 to retired workers G from July 2015 to August 2015, and did not pay KRW 322,36,538,538 of the wages of 80 retired workers, as in the details of delayed payment of attached money and valuables, within 14 days from the date of retirement, without agreement between the parties on the extension of payment due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Complaint;

1. Response to the data requested by the Bank of Bankruptcy;

1. Application of Acts and subordinate statutes to a copy of a passbook and transaction details;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommended punishment] The reason for sentencing under Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [Article 3(3) of the Act on the Aggravated Punishment of Concurrent Crimes [Article 3(10 million won or more] [Article 3(10 million won]] In the case where serious damage to workers is caused [Article 1(2)-2 of the Act on the Aggravated Punishment of Concurrent Crimes] [Article 3(1) of the Aggravated Punishment of Concurrent Crimes [Article

After learning workers, they crebly crebly crepit the rest.

After that, the defendant seems to have used the money paid as wages for personal purposes after undergoing the money laundering process.

In addition, the circumstances in preparation for escape are also peeped by disposing of the house owned by the defendant in advance.

This is because 80,000 won is not paid to 32,000 won due to the criminal act committed by the defendant.