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(영문) 창원지방법원 2017.04.26 2016고단3735

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant is a representative of E located in the Gu of Changwon-si and in D, who ordinarily employs 33 workers and operates a vessel manufacturing business.

The Defendant did not pay 302,69,084 won in total, including 8,772,835 won in wages and retirement allowances of FF retired from the said workplace from July 1, 2006 to April 10, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline, as stated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made with respect to G and H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to the details of money and valuables in arrears for each individual;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

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 reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that the Defendant’s mistake in depth and reflects it, and that the employee appears to have recovered wages and retirement allowances to a certain extent through the procedures for the payment of substitute payments, etc. is favorable to the Defendant.

On the other hand, the fact that the sum of unpaid wages and retirement allowances is considerably high, and the fact that the defendant has been punished by a fine for the same crime is disadvantageous to the defendant.

In addition, in full view of the motive, means, and result of each of the instant crimes, various conditions of sentencing, such as the circumstances after the crime, the defendant's age, sexual conduct, intelligence, environment, etc., and the arguments, the same sentence as the order was determined.