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(영문) 부산지방법원 동부지원 2020.05.14 2019고단1314

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant, as the representative of the (ju) B building C in Busan Shipping Daegu, is an employer who employs more than 30 full time workers and operates software development business.

The Defendant is working in the above workplace from April 2, 2018 to April 30, 2019.

The retirement E’s total amount of KRW 9,742,630, including the total amount of KRW 2,183,340, and retirement allowances of KRW 2,356,880, and KRW 2,742,630, and the total amount of KRW 44,982,120, respectively, was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. The police statement concerning F;

1. A letter of complaint and power of attorney;

1. Application of Acts and subordinate statutes to the details of overdue payments;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are not paid);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the amount of wages and retirement allowances that the defendant has not been paid or the number of victims for the reason of sentencing under Article 62(1) of the Criminal Act is not significant, it appears that the defendant has divided wrong facts and did not delay in payment of wages, etc. in bad faith, the defendant is the first offender, and other factors of sentencing indicated in the records, such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and method of the crime, details and consequence of the crime, etc., shall be determined as ordered by considering all the following factors

Public Prosecution Rejection Parts

1. The summary of the facts charged is the representative of (ju) D of the Busan Shipping Daegu Building C, who employs 30 full time workers and operates software development business.

The defendant on March 5, 2018