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(영문) 부산지방법원 동부지원 2017.08.09 2017고단1032

근로기준법위반등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Of the facts charged in the instant case, the parts D, E, F, G, and H of the daily list of crimes in attached hereto are as follows.

Reasons

Punishment of the crime

The defendant is an employer who is engaged in the manufacturing and wholesale and retail business of women by ordinarily employing approximately 12 workers in the trade name of Busan Shipping Daegu Co., Ltd. I.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant had worked in the said workplace as Home Packer K from February 3, 2015 to June 7, 2016 at the said workplace, and had not paid KRW 2,60,000 of the retirement pay of the retired worker L on March 2, 2016, KRW 2,600,000 of the divided wage on April 2, 2016, KRW 3,430,000 of retirement pay and KRW 11,836,751 in total as indicated in the attached list of crimes (excluding D, E, F, G, H, and H parts rejecting a public lawsuit) as well as KRW 17 and the total amount of KRW 164,67,277,777 from the date of each extension to the date of each extension without agreement between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of M, N,O, P, Q, L, R, S, T, U, V, W, X, Y, Z, AA, and AB

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of the recommended punishment] and Article 3(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes [The grounds for sentencing under Article 50] are three types (not less than KRW 100 million) and the basic area (not less than KRW 100 million: the prosecutor's opinion is that there is no person subject to special sentencing [the prosecutor's opinion] [the decision of sentencing] one year and six months [the defendant has not been paid KRW 160,000,000,000 won in total with wages and retirement allowances of 17 workers, a substitute payment for the amount of KRW 70,000 to workers, there is no previous conviction for the defendant who has been punished by a stay of execution or more, and the defendant is found to be erroneous.