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(영문) 수원지방법원 안산지원 2019.07.17 2019고단1028

근로자퇴직급여보장법위반등

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is an employer who has operated C, a fishery products wholesale business company by employing five full-time workers in Si-Sa City B.

The Defendant is working in the above workplace from December 1, 2008 to July 10, 2015.

Re-retirement D's wages of KRW 1.460,00 and retirement allowances of KRW 6,192,138, and ② from December 1, 2008 to July 10, 2015.

Retired E’s wages of KRW 1.460,00 and retirement allowances of KRW 7,192,138, and ③ work from December 1, 2008 to April 30, 2015.

Retirement allowance of retired FF 7,228,81 won, 4.00 to April 30, 2015

The retirement allowance of G 5,025,425 won was not paid without justifiable grounds until 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning E, D, F, and G;

1. Application of each report on delayed payment of wages and the written petition to Acts and subordinate statutes;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the main sentence of Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

1. Articles 40 and 50 (Mutual Crimes against D and E which each Labor Standards Act is violated and the Guarantee of Workers' Retirement Benefits Act is violated);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the basic area of recommendations [the scope of recommendations and recommendations] and the basic area of wages, etc. payable (type 1] below 50 million won [the scope of recommendations and recommendations], and April through August.

3. Although the amount of unpaid sentence has not been determined and the damage has not been recovered, there are reasons to consider the absence of the same criminal history and the reasons for the failure to pay, and even after the completion of individual rehabilitation.