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(영문) 광주지방법원 2018.11.29 2018고정222

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd. who employs four full-time workers in Gwangju North-gu, and engages in clothing retail business, etc.

The Defendant, while working in the pertinent company from December 1, 2007 to March 4, 2017, did not pay 23,686,884 won in total, including three wages, retirement allowances, etc. of retired workers E, as indicated in the following table, within 14 days from the date of retirement, without agreement on the extension of the payment deadline.

On February 1, 2017, the first day of the full-time retirement pay from February 1, 2017 to March 3, 2017, the first day of which was 1 E,50,000 on March 4, 2017; 387,096 1,887,657,657,5317,544,627 20 on February 1, 2013; 306,8204,86,8204,86,820,86,820 on March 4, 2017; 17,007; 38,50,50,507,507,50,000,000,0057,07,067,06,06, 14,06, 205, 2017

1. Statement by the defendant in court;

1. The police statement protocol with respect to E, F and G;

1. Application of Acts and subordinate statutes to report on internal investigation;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for each Workers, as to facts constituting an offense.

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (it shall be between a violation of the Labor Standards Act for E, a violation of the Labor Standards Act for E, a violation of the Labor Standards Act for Workers' Retirement Benefits, a violation of the Labor Standards Act for G, and a violation of the Guarantee of Workers' Retirement Benefits);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (the conversion of 100,000 won into one day) to the detention in a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that the defendant acknowledges his mistake, the defendant has no record of criminal punishment, G and F are E, and E are E, with the delegation of the defendant.