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(영문) 부산지방법원 동부지원 2016.07.13 2015고단1609

근로기준법위반등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who has operated an educational enterprise called (ju)C on the 7th floor of the building in Suwon-gu, Busan.

From July 2, 2012 to March 31, 2014, the Defendant did not pay 78,146,706 won in total of wages and retirement allowances of 22 retired workers within 14 days from the date of retirement, as stated in the list of the crimes in the attached Form, as stated in the attached crime list, to those who retired from office as the employees who were employed in the above company and were employed in the above company, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement protocol with respect to E;

1. Application of the respective complaints of E, F, G, H, D, I, J, K and L Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [Opinion of the Prosecutor] Imprisonment with prison labor for one year (decision of sentence], considering the age, sex, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, conditions for sentencing under Article 51 of the Criminal Act, such as the circumstance after the crime, etc.