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(영문) 수원지방법원 안양지원 2014.09.18 2013고단139

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 is the representative director of the C Co., Ltd. in Ansan-gu B, who is an employer who operates the manufacturing business of environmental plant machinery and machinery for livestock by employing 25 full-time workers.

1. From March 8, 2010 to September 30, 2012, the Defendant in violation of the Labor Standards Act did not pay 470,465 won as wages of August 2012 of the retired workers D, and wages of 2,127,900 as wages of September 2012 as shown in attached Table 1, and did not pay 49,978,440 won as wages of 11 workers, as shown in attached Table 1, within 14 days from the date of occurrence of the cause for payment, without an agreement on extension of the due date between the parties concerned.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 8,535,519 of retirement allowances of retired workers E while working in the said workplace from June 1, 2007 to May 31, 2012, and did not pay KRW 94,898,711 of the total retirement allowances of 10 workers within 14 days from the date of retirement without an agreement on extension of payment period between the parties concerned, as shown in the attached crime list 2.

Summary of Evidence

1. Statement of the accused in the first trial record;

1. The police statement concerning F;

1. Each statement in G, H, D, I, J, K, L, M,O, I, P, Q, R, and S Preparation;

1. An investigation report (the report on the confirmation of the date of T-Membership).

1. Application of Acts and subordinate statutes to the current status of overdue wages, the details of monthly arrears and overlap amounts, the payment and unpaid details of each individual, the detailed statement of repayment in arrears, the submission of data, the average wages and retirement allowances for individuals

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 of which payment of retirement allowances is not made);

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. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.