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(영문) 수원지방법원 성남지원 2014.01.10 2013고단2368

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, as an employer who actually operates D Co., Ltd., Ltd., located in Sung-nam-si Seoul Special Metropolitan City, 701-2 from June 2, 2011 to August 16, 2012, the Defendant did not pay the total amount of KRW 1,100,000 of the wages of July 7, 2012 and KRW 567,741 of the wages of August 2, 2012, the total amount of KRW 1,67,741, retirement allowances, KRW 1,265,590 of the wages of 10 workers within 14 days from the date of retirement without agreement between the parties to the extension of payment due date, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of the defendant (including the G statement);

1. Each statement, written confirmation, and written explanatory statement;

1. Application of the relevant Acts and subordinate statutes;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109(1) and 36 of the same Act, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of retirement allowances and the choice of fines);

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

1. Articles 70 and 69(2) of the Criminal Act (one day per 50,000 won);

1. Penalty fine of 2,00,000 won to be suspended;

1. The sentence shall be suspended as ordered in consideration of the fact that the defendant for the reason of sentencing under Article 59(1) of the Criminal Act has committed an offense, committed a single offense, and paid wages, etc. to workers;