근로기준법위반등
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
[2014 Highest 996] The Defendant is the representative of C Co., Ltd. in Kimpo-si B, and is an employer who operates construction business by employing three full-time workers.
The Defendant, at the foregoing workplace around May 7, 2013, worked from around March 26, 2013, did not pay 38,751,90 won, including 1,120,000 won of wages and retirement allowances of 12 employees, as shown in the list of crimes in attached Table, within 14 days from the date of retirement, as well as 38,751,90 won of wages and retirement allowances of 12 employees, as described in the list of crimes.
[2014 Highest 1693] The Defendant, as the representative of C Co., Ltd. in Kimpo-si B, employed 10 full-time workers at the same time E and performed the work of building news block.
The Defendant, at the foregoing workplace around April 30, 2014, did not pay 9,330,000 won in total for 10 workers, as shown in the attached crime list, as well as 8,10,000 won in wages of retired workers F, who worked on March 27, 2014, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused;
1. Each protocol concerning the examination of the suspect against the defendant;
1. Protocol of the police statement concerning G;
1. To apply each written appeal, written statement, written confirmation of facts, written statement of labor, and Acts and subordinate statutes governing overdue wages for each worker;
1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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;