근로기준법위반등
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the representative director of the (ju)C located in the Busan Geum-gu, who has been engaged in the manufacturing industry with 24 full-time workers.
From August 1, 2010 to April 30, 2013, the Defendant, while serving as an employee at the pertinent company from around August 1, 2010 to around April 30, 2013, paid each amount of wages and retirement allowances for 21 workers, including KRW 9,111,050 and retirement allowances for 3,95,187, from April 201 to April 30, 2013, as stated in the attached Form, did not pay each amount of wages and retirement allowances for 21 workers within 164,310,529, as stated in the attached Form.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement on D, E, F, G, H, I, J, K, and L;
1. Application of Acts and subordinate statutes to the details of arrears and calculation statement of each retirement allowance;
1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, respectively, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the Guarantee of Workers' Retirement Benefits Act);
1. Articles 40 and 50 (Punishment on the violation of each Labor Standards Act against D, M, N,O, P, Q, Q, G, F, R, S, and L, and on the violation of the Guarantee of Workers' Retirement Benefits Act, and punishment on the violation of the Labor Standards Act, each of which is heavier, shall be imposed);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for a violation of the Labor Standards Act concerning the hot Paterst), among concurrent crimes;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that workers received part of the wages in arrears and retirement allowances and the initial offender),