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(영문) 인천지방법원 부천지원 2016.07.22 2016고단733

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

[2016 Highest 733] The defendant is a representative of K in Kimpo-si (ju) in Kimpo-si who operates a furniture manufacturing business using 35 full-time workers.

Defendant did not pay 23,729,670 won in total for four workers, such as M, N,O, and P column, in the foregoing workplace, from July 1, 2015 to January 8, 2016, as well as 6,107,70 won for retired workers, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment deadline.

[2016 Highest 801] The defendant is a representative of K in Kimpo-si (ju) in Kimpo-si who runs a household manufacturing business using 35 full-time workers.

Defendant did not pay KRW 13,561,780, total wages of Q who worked from June 8, 2015 to March 15, 2016 at the same place of business, as well as KRW 25,139,780, and KRW 5,546,80, respectively, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the respective parties, as described in Q and R list of crimes (II).

Summary of Evidence

[2016 Highest 773]

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against the defendant;

1. Statement of apology against S;

1. Each petition of P and M;

1. Details of confirmation of fact, such as telephone (M) / [2016 altitude 801];

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against the defendant;

1. Application of the respective Acts and subordinate statutes of Q and R

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (only between the violations of the Labor Standards Act for Workers R and the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits);

1. Selection of each sentence of imprisonment;

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. Article 62(1) of the Criminal Act (which is against the defendant)