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(영문) 수원지방법원 안산지원 2013.07.11 2013고단398

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, 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 the Cju station in Ansan-si, is an employer who runs oil retail business with five full-time workers employed.

The Defendant, from January 1, 200 to October 31, 2012, paid the sum of KRW 1,950,000 paid monthly wages of September 201, 2012, and KRW 3,900,000 paid monthly wages of KRW 1,950,000 as well as retirement allowances of KRW 9,386,478 as of October 1, 2012, within 14 days from the date of the occurrence of the cause for payment without agreement between the parties to the payment.

In addition, the Defendant did not pay the total of 30,498,640 won of wages and retirement allowances of three workers within 14 days from the date of occurrence of the cause for payment without an agreement on the deferment of payment between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the complainant (E, F, D);

1. Application of each statute on filing of a complaint;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act on the grounds that the defendant reflects his/her

1. Social service order under Article 62-2 of the Criminal Act;