근로기준법위반등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Punishment of the crime
The defendant is the actual operator of C Co., Ltd. located in B of Glangbuk-gun, who runs the business of manufacturing motor vehicle parts by using 16 full-time workers.
When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.
The Defendant, while working as an employee from March 22, 2010 to August 31, 2013, the Defendant did not pay the total amount of KRW 274,280 of the D’s wages on May 2, 2013, which was retired, including KRW 1,195,500 of the wages, KRW 324,840 of the wages on July 2, 2013, KRW 1,118,820 of the wages, KRW 2,913,440 of the wages on August 2, 2013, KRW 631,680 of the business shutdown allowances, KRW 758,06, KRW 4,668, KRW 90 of the retirement allowances, KRW 1,195, KRW 468, KRW 90 of the retirement allowances, KRW 4254,415,415 of the date of payment, and KRW 545,4145,546.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning E and F;
1. Application of Acts and subordinate statutes to each complaint, each power of attorney, each telephone confirmation fact, each statement of overdue money and goods, average wages and retirement allowance calculation details, details of overdue wages and retirement allowance calculation details;
1. Article 109(1), Articles 36, and 46(1) of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Although the grounds for sentencing under Article 62(1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing below) do not include the total amount of unpaid wages and retirement allowances, the Defendant recognized the instant facts charged and against his mistake;