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(영문) 청주지방법원 충주지원 2016.02.05 2015고단245

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 one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant, as the representative of “A” in the voice group C, is an employer who runs the manufacturing business of semiconductor parts and electronic parts by ordinarily employing 74 workers.

[2015 Highest 245]

1. Although wages in violation of the obligation to pay regular wages, etc. have been paid at least once a month on a fixed date, the Defendant did not pay the aggregate of KRW 11,00,000 per month wage of KRW 2,750,000 every month from December 2014 to March 2015 at the above workplace at least once every month (No. 4 per annum in the item of unpaid money and valuables in attached Form 1).

[2015 Highest 263] The summary of the evidence is that the Defendant did not pay KRW 8,060,843 in total from August 3, 2006 to April 13, 2015, including E’s wage 1,191,66, retirement pay 6,869,17, and retirement pay 8,060,843, which the Defendant worked at the aforementioned workplace from around August 3, 2006 to April 13, 2015, within 14 days from the date of retirement (the statement No. 18 in each of the annexed

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to written statements, written complaints and fact-finding certificates;

1. Articles 109(1) and 43 (outstanding of Wages) of the Labor Standards Act for the relevant facts constituting an offense, Articles 109(1) and 36 (outstanding of Wages) of the Labor Standards Act, Articles 109(1) and 36 (outstanding of Wages) of the Labor Standards Act, and Articles 44 subparag. 1 and 49 of the Guarantee of Retirement Benefits for each worker;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 37 of the Aggravation of Concurrent Crimes Act.