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(영문) 창원지방법원 통영지원 2014.10.16 2014고단640

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the (State)C located in Tong Young-si, who is an employer who runs the vessel processing business using 20 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay the retirement workers totaling KRW 76,038,474,00,00 from April 12, 2013 to August 27, 2013 within 14 days from each retirement date without agreement between the parties on the extension of payment period between the parties and the retirement workers, including KRW 660,256, and KRW 1,63,140, and wage 1,63,140, wage 2,732,950, and wage 2,732,950, etc. on July 2013. < Amended by Presidential Decree No. 24673, Aug. 8, 2013; Presidential Decree No. 24474, Jun. 6, 2013>

2. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act: (a) from May 25, 201 to August 27, 2013, the Defendant did not pay the retirement allowances of KRW 7,549,550, total sum of eight retired workers within 14 days from each date of retirement without an agreement on extension of the due date between the parties concerned, as stated in the attached crime list (2).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D (including the statement part of the accused);

1. Application of Acts and subordinate statutes to the workplace information card, corporate registration certificate, business registration certificate, name of business registration certificate, wage ledger (from June 2013 to August 8, 2013), attendance book (from June 2013 to the attendance book), unpaid money and valuables statement by individual, calculation statement of retirement pay, written confirmation of payment of retirement pay, written statement of transfer receipt, each unpaid statement of accounts, and written statement of payment of deposits

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act of the suspended execution reflects the defendant's fault, and the defendant has no criminal record other than the fine.