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(영문) 대구지방법원 2015.05.01 2014고단1378

근로기준법위반등

Text

Defendant

A shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On November 18, 2014, Defendant A was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Daegu District Court, and the judgment became final and conclusive on February 12, 2015.

【Criminal Facts】

1. Defendant A in violation of the Labor Standards Act was the actual manager of G (ju) and (ju) H in the 17th floor of the Daegu Suwon-gu F building, and the said workplace had 6th floor of the Daegu Jung-gu I building and 30 full-time workers at the J of Jung-gu, Daegu-gu.

The Defendant worked in the foregoing workplace from April 1, 2013 to May 1, 2013, and retired workers K did not pay KRW 702,50,00 for April 2013, 2013 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as stated in the [Attachment] Table 1, 2, 4, 10, 12, and 30 of the wages of 20 workers, as stated in the [Attachment] 1, 339, 784, without any agreement on the extension of the due date between the parties concerned.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay the retirement allowances of 4,92,450 won, including that of 3 retired workers, including that of 1,507,940 won, retired workers, as described in the No. 2, 4,10 of the attached Table 2, and 4,450 won, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned, while working at the same workplace as of February 27, 2012 while operating the same workplace as that of the preceding paragraph, and did not pay 14 days from the date of retirement without any agreement on the extension of the due date.

Summary of Evidence

1. Entry of witnesses M in the third protocol of trial;

1. Statements made by witnesses N and B in the fourth trial records;

1. Statements of witnesses and P in the fifth trial records;

1. Partial statement of the suspect interrogation protocol of Defendant A by the prosecution;

1. Statement made by the police on Q, R, S, T, U,V, and W;

1. Each petition, business registration certificate, employment contract, H benefit system, and