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(영문) 대구지방법원 상주지원 2016.02.02 2015고단513

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.

Reasons

Punishment of the crime

The defendant, as the representative of the D Co., Ltd. in C at the time of residence, employs six full-time workers and operates a stone processing business.

1. From March 17, 2013 to November 30, 2014, the Defendant violated the Labor Standards Act, while working in the said workplace and retired from the said workplace, did not pay 9,272,74 won for seven months from May 5, 2014 to November 1, 2014, and 5,157,070 won for four months from June 23, 2013 to September 8, 2014 of the Labor Standards Act, and did not pay 5,157,070 won for four months from the date of retirement to September 9, 2014 to 30 days from September 30, 2013 to 70 days from September 30, 2014 to 40 days from May 9, 2014 to 7, 208, 16, 208, 16, 204, 2016.

2. The Defendant in violation of the Workers’ Retirement Benefit Security Act stated in each of the above dates, places, as mentioned above, as “I” in the employee E’s retirement pay amounting to KRW 2,281,050, and the employee H’s indictment amount. However, it is apparent that the amount of KRW 7,711,980, totaling KRW 5,430,930, totaling KRW 7,711,980, which is the date on which the grounds for payment occurred, was not paid within 14 days from the date on which the respective parties agreed to extend the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Application of respective Acts and subordinate statutes of E;

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 Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

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. The Criminal Act, the suspension of execution;