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(영문) 인천지방법원 2015.11.26 2015고단5768

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is an employer who employs five full-time workers in Bupyeong-gu, Incheon and operates (State)C.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days thereafter, and shall pay the retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working from March 17, 201 to August 31, 2014 at the above workplace.

The wages and retirement allowances of 10,66,664 won and retirement allowances of 9,03,946 won and retirement allowances of 10,664 won and 9,03,946 won were not paid within 14 days from the date of occurrence of the date of retirement or cause for payment, and the total amount of 45,253,372 won of the wages and retirement allowances of 3 employees was not paid within 14 days from the date of occurrence of each

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. A written statement;

1. Application of Acts and subordinate statutes, such as data on the calculation of each retirement allowance and a statement of accounts;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 (each violation of the Labor Standards Act against D, E, and F, and each violation of the Guarantee of Workers' Retirement Benefits Act, and punishment on each violation of the Labor Standards Act, whichever is heavier, shall be imposed);

1. Selection of a sentence of imprisonment with prison 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 (The following extenuating circumstances among the reasons for sentencing);

1. The fact that the sentencing of Article 62-2 of the Social Service Order Criminal Act does not completely recover the damage caused by the reason, the criminal records of fines not exceeding six times (including three times the same kind of fines), and the fact that the management deterioration of the above LAC seems to have delayed payment of money and valuables to the above workers, and that the crime is recognized and reflected.