근로기준법위반등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
The defendant is a user who runs the wholesale and retail business of golf products using ten full-time workers of D (ju) E and F (ju) located in Sungnam-si, Sungnam-si.
1. The Defendant did not pay KRW 30,200,001, total wage for six workers, as shown in the attached Table of Crimes (excluding No. 3,5,66), as well as KRW 2,200,00,00, out of the sum of G wage of KRW 10,966,667 and the sum of H wage of KRW 10,667 and the amount of G wage of KRW 10,00 from May 22, 2011 to September 11, 2013, as well as KRW 2,20,00,001, in total, for six workers, within 14 days from the date on which the cause for the payment occurred, without an agreement on the extension of the due date between the parties.
2. The Defendant did not pay KRW 91,269,037, total retirement allowances for six workers within 14 days from the date of the occurrence of the cause for the payment, as stated in the attached Table of Crimes (except this case No. 3), as well as KRW 4,066,884, working in H’s retirement allowances from May 22, 2011 to September 11, 2013 from G’s retirement allowances of KRW 43,554,399 and from F (State) who worked in the said place as (juE workers from January 1, 2003 to September 10, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement related to G and I;
1. Application of Acts and subordinate statutes to written grounds for 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 for the ordinary concurrences;
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 (see, e., Supreme Court Decision 2009Da1
1. Social service order under Article 62-2 of the Criminal Act;