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(영문) 창원지방법원 마산지원 2018.01.05 2017고단1007

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six 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 of "2017 Highest 1007" is a representative director of I Co., Ltd. who operates a manufacturing business of stamping, valves and similar devices.

The Defendant, around June 2017, at the above company located in the J of Chang-si, Changwon-si, and from February 4, 2014 to May 31, 2017, the Defendant did not pay KRW 18,095,422 to the victim K’s wages and retirement allowances within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, and did not pay KRW 32,110,084 in the same manner, as stated in the detailed statement of the money and valuables in arrears of each individual.

The Defendant, around July 2017, at the same time, did not pay 4,364,260 won in the same manner as wages or retirement allowances of 17 workers or total sum of 44,364,260 won, as stated in the statement of money and valuables in arrears in the attached Form (No. 6 through 14, 16, and 23) of the victim L who retired from employment as a worker of the said company from April 12, 2015 to July 10, 2017, without agreement between the parties to the extension of the payment deadline, as stated in the statement of money and valuables in arrears in the attached Form (No. 6 through 14, 16, and 23).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement on C, M, N, K,O, P, Q, R, T, U, V, W, X, L, and Y;

1. Application of the Acts and subordinate statutes to each written complaint and petition;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Type 2 (not less than 50 million won, less than 100 million won) such as wages, etc. shall be referred to in the sentencing guidelines.