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(영문) 광주지방법원 2013.04.09 2013고단116

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an employer who has employed 30 full-time workers in Gwangju Mine-gu B and operated a Csports Center.

From October 2, 201 to November 4, 2012, the Defendant, while working at the said Sports Center, did not pay KRW 2,266,67 and retirement allowances of retired workers KRW 2,144,13 within 14 days from the date of payment, as shown in the list of crimes in the attached Table, and did not pay KRW 38,563,30 and KRW 34,383,70 of the retirement allowances of 28 workers within 14 days from the date of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, D, and G;

1. Each self-statement of H, I, J, K, L, M, N,O, P (Evidence List Nos. 39), Q Q, R, S, T, U, V, X, Y, Z, P (Evidence List No. 50), AA, AB, and AC;

1. Application of AD statutes governing AD’s petition;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Act guaranteeing each retirement benefit;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trade between a violation of each Labor Standards Act and each Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant has no record of punishment for the same kind of crime, and that a considerable number of workers has filed an