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(영문) 의정부지방법원 고양지원 2017.09.20 2017고단799

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the representative of D (State) EE located in Pakistan, who is engaged in the manufacturing industry with 34 full-time workers, and the employer shall pay all money and valuables, such as wages, within 14 days after the cause of the worker's retirement, etc. occurs.

Nevertheless, the Defendant, from June 15, 2015 to November 30, 2016, did not pay KRW 24,169,401 to retired workers F, within 14 days from the date of retirement, as stated in the attached Table Nos. 1 to 7, 9 through 17, 19, and 23, as well as the wages and retirement allowances of 21 workers from the date of payment.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to each written petition and written statement (including attached data);

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for each Workers;

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

1. Selection of imprisonment with prison labor chosen;

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 dismissed part of the prosecution under Article 62(1) of the Criminal Act (the overall circumstances shown in the pleadings of this case, such as the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., such as the fact that the defendant is led to confession and reflect, the background of the crime of this case, the defendant's endeavor to pay damages by selling the building, site, etc.

1. The summary of this part of the facts charged is that the Defendant did not pay the wages and retirement allowances of the victimized worker B and C within 14 days from the date of payment, as shown in the attached list Nos. 8 and 18 of the daily list of crimes.

2. The determination is based on Article 109(1) and Article 36 of the Labor Standards Act, and Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, which fall under Article 109(2) of the Labor Standards Act and Article 109(2) of the Workers’ Retirement Benefit Act.