근로기준법위반등
A defendant shall be punished by imprisonment for not less than eight 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 representative director of a corporation B, who is engaged in the manufacturing of new products using 33 full-time workers.
1. From August 7, 200 to May 31, 2012, the Defendant unpaid wages and retirement allowances did not pay the total of KRW 4,316,40,40, and the total of KRW 7,969,931, and the total of KRW 12,286,31, including KRW 14,00,00, and the total of KRW 190,80,000, and KRW 2824,28282, which were retired from office, within 14 days from the date of retirement without agreement on extension of the payment date, as stated in the attached Form “the details of personal delayed payment money and valuables” for 31 workers, as stated in the attached Table “the details of individual delayed payment money and valuables”, including the total of KRW 95,216,657, and the total of KRW 190,807, and KRW 2825,024,282 among the parties concerned, within 14 days from each retirement date.
2. On April 30, 2012, the unpaid Defendant did not pay KRW 3,100,000 corresponding to the ordinary wage for 30 days, even though he did not give the advance notice of dismissal 30 days before the dismissal, by dismissing workers E who worked as the head of the department from December 1, 2010.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 109(1) and Article 36 of the Labor Standards Act, Article 110 and Article 26 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, which relate to criminal facts, and Articles 109(1) and 36 of the relevant Act on the Selection of Punishment, etc.
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. Suspension of execution is ordered as above on the grounds of not less than Article 62(1) of the Criminal Act (the fact that the case led to poor management, the fact that workers are trying to pay overdue wages, etc., the fact that there is no other criminal power except for the second fine power, reflectivity, etc.).