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(영문) 창원지방법원 2016.01.21 2015고단2141

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 2141] The defendant is the representative of C Co., Ltd. in Kimhae-si B, who is a full-time worker and operates the manufacturing industry using 20 full-time workers.

Defendant 1 worked in the said workplace from July 14, 2014 to April 12, 2015, and did not pay KRW 9,514,058, total amount of wages of retired workers D within 14 days from the date of his retirement without agreement on the extension of the payment deadline, and did not pay KRW 18,940,522, total amount of wages of three workers as shown in attached Table (1) 3, 5, and 6 of the day of his/her retirement within 14 days from the date of his/her retirement without agreement on the extension of the payment deadline.

[2015 Highest 2543] The defendant is the representative of C Co., Ltd. in Kimhae-si B, who operates the manufacturing industry using 20 full-time workers.

Defendant did not pay 6,36,22 won of E’s retirement allowance from July 7, 2013 to July 18, 2015 at the same place of business without agreement on the extension of the payment deadline, and did not pay 14 days from the date of the retirement within 14 days from the date of the retirement without agreement on the extension of the payment deadline, as well as 26,492,87 won of wages and retirement allowances of 6,492,87 won in total, as shown in attached Table (2) Nos. 1, 8, 12 to 12.

Summary of Evidence

[2015 Highest 2141]

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A written complaint and each written complaint (2015 high order 2543);

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to G, H, I, J, and E;

1. The application of Acts and subordinate statutes to each complaint, each complaint, and each complaint;

1. Relevant Article 109 (1) and Article 36 of the Act on the Standard of Employment for Specific Crime; Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers; Selection of imprisonment with prison labor;

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.