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(영문) 창원지방법원 2018.05.02 2017고단3878

근로기준법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is the user who operates the shipbuilding machinery manufacturing business by employing 15 full-time workers as the representative of the Dispute Resolution D in Kimhae-si, Kimhae-si.

The Defendant, as indicated in the list of crimes attached hereto, did not pay 126,853,218 won in total as wages and retirement allowances of 11 retired workers within 14 days from the date of retirement, which is the date on which the cause for payment occurred, as well as 3,083,290 won in February 6, 2017, when the Defendant retired from office as working at the said workplace from August 6, 2016 to April 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E and F;

1. To apply Acts and subordinate statutes to the ledger on details of arrears, average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act - Type 3 (at least KRW 100 million), basic area (at least KRW 100,000), - No person who is in charge of special sentencing: No person shall be sentenced to a suspended sentence [decision of sentence] Since the Defendant delayed payment of wages and retirement allowances exceeding KRW 120,000 to 11 employees, the Defendant is not liable for such delayed payment of wages and retirement allowances.

The defendant has not repaid most of the above amounts until now.

However, the defendant is guilty.

It does not seem that there is any circumstance to criticize the defendant especially, such as fraudulent acts such as embezzlement and breach of trust, or gross managerial errors.

Defendant is not punished for the same kind of crime.

Through the distribution of the auction procedure, it is expected that a considerable portion of the overdue money and valuables of workers will be resolved.

In addition, the defendant's age, sex, delayed payment, and money and valuables.