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(영문) 수원지방법원 성남지원 2013.06.14 2011고단1957

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is an employer who operates D Co., Ltd., Ltd., Ltd., a company located in Seongbuk-gu, Sungnam-si, 201. On June 30, 201, the Defendant did not pay the total amount of KRW 2,000,000 of the wages of the retired workers E on May 30, 2011, and the total amount of KRW 4,000,000 of the wages of June 2, 2011, and KRW 4,000,000 of the wages of 47 days from the date of retirement without agreement on the extension of the due date between the parties, as stated in the details of the payment in arrears by each individual, within 19,562,168, total amount of wages of KRW 47,24,176,140, total amount of retirement allowances, KRW 143,738,308, respectively, within 14 days from the date of retirement without agreement on the extension of the due date.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

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

1. Statement of confirmation of fact, such as telephone, and telephone statement;

1. Application of the Acts and subordinate statutes to each written complaint and petition;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 36 of the said Act;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the defendant has no criminal record of being punished for the same crime; (b) the substantial portion of the overdue wages was paid as substitute payment, etc.; and (c) the defendant's health is not good; and (d)