beta
(영문) 수원지방법원 성남지원 2017.01.19 2015고단1965

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The Defendant did not pay KRW 23,77,750 in total amount of wages and KRW 20,657,932 in total and KRW 20,657,932 in relation to the extension of the payment date between the parties concerned, as stated in the list of crimes in attached Table 2, to E, retired from office from the above enterprise from around December 17, 2007 to April 15, 2015, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. To apply Acts and subordinate statutes on the detailed statement of overdue debts, the occurrence and payment details of wages, and the calculation of retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Part concerning the dismissal of the prosecution under Article 62(1) of the Criminal Act (i.e., the following favorable circumstances)

1. The summary of the facts charged is the defendant who employs 15 full-time workers as the representative attorney-at-law of law firms G located in Seongbuk-gu, Seongbuk-gu, Sungnam-si and operates service business.

The Defendant, as stated in the attached Form 1, worked in the above workplace from September 22, 2008 to April 3, 2015, did not pay KRW 40,932,720 in total, and KRW 38,53,570 in total, from March 6, 2008 to March 31, 2015, with respect to retired workers D, including wages and retirement allowances, to which he/she had worked, and paid KRW 38,53,570 in total, from March 6, 2008 to March 31, 2015.

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act. No public prosecution may be instituted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

In this regard, the above C withdrawn his/her wish to punish the defendant on February 3, 2016, and on January 18, 2017.