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(영문) 창원지방법원 2013.12.10 2012고단3463

근로기준법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who employs 12 full-time workers in Kim Sea-si C and operates D Co., Ltd.

The Defendant had worked in the said company from March 2, 2008 to April 4, 2012, and had retired from the said company, and had not paid the total of KRW 691,935 in April 2012 and retirement allowances of KRW 8,59,210 in the said period of work, within 14 days from the date on which the cause for payment occurred without agreement between the parties to the extension of the payment due date.

In addition, the Defendant did not pay the total amount of KRW 76,674,523 of wages and retirement allowances for 7 workers, as shown in the attached list of crimes, within 14 days from the date on which the cause for payment occurred, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The E authenticity and each written statement;

1. Application of Acts and subordinate statutes to details of calculation of average wages and retirement allowances;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

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 Suspension of Execution (see, e.g., Supreme Court Decisions 201Do1448, Apr. 1, 201; 201Do1448, Apr. 21, 201)