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(영문) 수원지방법원 안산지원 2013.08.30 2013고단20

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of the D Company in Ansan-si Co., Ltd., which is located in Ansan-si, who runs a manufacturing business using 25 regular workers.

The Defendant, at the aforementioned D Company, worked from around December 18, 1990 to August 13, 2012, had not paid KRW 10,085,90 of wages and other money and valuables of retired workers E, retirement allowance of KRW 31,182,220 of retirement allowance, and KRW 14,548,630 of wages and other money and valuables of retired workers from around December 18, 1990 to August 24, 2012, and had not paid KRW 14,548,630 of retirement allowance, retirement allowance of KRW 9,202,00, 18,790, 323 of retirement allowance, etc. of retired workers from around December 18, 1990 to around August 31, 2012 without agreement between the parties concerned on the extension of the payment period within 140 days from the date of the agreement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to E, F and G;

1. Article 109(1) and Article 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and the choice of imprisonment with prison labor for each type of crime;

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

1. Four months of imprisonment to be suspended;

1. Article 59 (1) of the Criminal Act (see, e.g., Supreme Court Decision 59 (1) of the Suspension of Sentence; Supreme Court Decision 2006Do408, Apr.