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(영문) 춘천지방법원 강릉지원 2015.04.02 2014고단857

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as the representative of Gangnam-si Office C, has operated a service business (architectural technology) by using four full-time workers.

1. Where an employer violating the Labor Standards Act retires, the employer shall pay all money and valuables, such as wages, compensations, etc., within 14 days from the date when the cause for such payment occurred, but the Defendant did not pay 54,000,000 won in total for three retired workers, as shown in the attached crime list, as well as 54,00,000 won in arrears, as shown in the attached crime list, within 14 days from the date when the cause for payment occurred, without agreement between the parties to the extension of the due date. < Amended by Act No. 11368, Mar. 25, 2012>

2. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer shall pay retirement allowances within 14 days from the date when the ground for such payment occurred, but the Defendant did not pay retirement allowances of D’s retirement allowances of which he/she worked from March 25, 2012 to April 24, 2014, totaling KRW 15,457,527, including three retirement allowances of E who worked for the same period, including KRW 4,293,757, and KRW 4,293,757, and KRW 14 days from the date when the ground for payment occurred, without agreement between the parties to the extension of the payment period.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes of each report on delayed payment of wages and certificate of retirement;

1. Relevant statutory provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and the choice of imprisonment with prison labor for each type of crime under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

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 stipulated in the violation of the Labor Standards Act against D with the largest offense and circumstances);

1. Article 62 (1) of the Criminal Act;