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(영문) 수원지방법원 안산지원 2013.11.06 2013고단557

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an employer who employs 14 full-time workers as a (ju)D real manager in Ansan-si, a member of Ansan-si, and operates security service business.

The Defendant did not pay KRW 800,000,000, monthly wage of KRW 800,000 for October 201, 2012, monthly wage of KRW 800,000, monthly wage of KRW 800,000 for December 20, 2012, and KRW 800,200,000 for December 20, 2012, and KRW 800,200,000 for retirement allowance of KRW 874,805, as well as retirement allowance of KRW 874,805 for December 31, 2012, within 14 days from the date the cause for payment occurred without agreement between the parties on the extension of the payment period.

In addition, the Defendant did not pay the total amount of KRW 14,957,500 and the total amount of KRW 15,021,932, as stated in the attached list of crimes committed in the attached list, within 14 days from the date of occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, I, G, J, K, and L;

1. Application of Acts and subordinate statutes to each complaint, average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act, the applicable law for criminal facts, the choice of punishment, and Articles 109(1) and 36 of the same Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment, respectively;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

4. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant makes a confession of and reflects the crime in this case, and that