beta
(영문) 인천지방법원 부천지원 2016.10.07 2015고단3024

근로기준법위반등

Text

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).

Reasons

Punishment of the crime

The Defendant, as the representative E in Kimpo-si, is an employer who runs a manufacturing business using seven full-time workers. From September 1, 2014 to March 11, 2015, the Defendant stated that the amount of KRW 2,05,110 of the worker F, who worked at the said workplace from around September 1, 2014 to around March 11, 2015, was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment between the parties, and that six workers, F, H, I, J, K, and other six workers’ wages and retirement allowances indicated in the attached list of crimes, including the total amount of KRW 26,46,540," and as seen thereafter, the Defendant calculated the amount of wages and retirement allowances calculated by deducting the Defendant’s wages.

not pay the B within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I and H;

1. Application of each relevant statute;

1. Article 109(1), Article 36 of the Labor Standards Act (including the payment of wages, and each worker), Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances to workers H and I) concerning criminal facts;

1. The provisions of Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the provisions of each Labor Standards Act for workers H and I, the provisions of each Labor Standards Act for the violation of the Guarantee of Workers' Retirement Benefits Act, the provisions of each Act for the violation of the Labor Standards Act, and the punishment

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. The fact that workers under Article 62 (1) of the Criminal Act received wages, etc. from the distribution procedure of claims to a certain extent, the fact that the crime of this case is under confinement for a certain extent for 60 days, and that they reflect their depth, other than those prior to the suspended execution of 1983 and those prior to a fine of 2005;