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(영문) 부산지방법원 2014.05.30 2014고단917

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six 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 of C in Busan Seo-gu, and is an employer who has been engaged in the ship's parts manufacturing business with six regular workers.

The Defendant served as an employee from September 3, 2001 to October 31, 2013 in the foregoing company and retired from the said company and did not pay KRW 22,882,190, and retirement allowances from October 2, 201 to October 31, 201, as well as KRW 3,200,000 and retirement allowances from September 3, 2001 to October 31, 2013 to October 31, 2013 to E, and did not pay KRW 3,20,000 and retirement allowances from October 34, 206,520, from May 8, 201 to October 31, 2013 to F, and did not pay KRW 260,000,000 to F without agreement between the parties concerned on retirement and retirement allowances from September 3, 2013 to October 31, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the respective Acts and subordinate statutes of E, F, and D;

1. Articles 109(1) and 36 of the Labor Standards Act, subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, each of the relevant laws on criminal facts;

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

1. Selection of each sentence of imprisonment with prison labor, taking into account the amount of the money and goods unpaid;

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 (Special Consideration into the absence of criminal records);