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(영문) 광주지방법원 순천지원 2015.07.15 2015고단119
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the user who operates the facility construction business, etc. as the representative director of (ju)D in C at all times.

1. The Defendant in violation of the Labor Standards Act did not pay the total amount of KRW 4,590,00 as wages of KRW 2,337,50 on June 6, 2014, and the total amount of KRW 2,252,50,00 on July 7, 2014, within 14 days from the date of retirement without justifiable grounds, such as an agreement on extension of the payment deadline, and did not pay KRW 61,141,10 on the total amount of wages of KRW 15 workers from the date of retirement as described in paragraphs (A) through (13, (15), and (16) of the attached list of crimes.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 8,962,234 of the Workers E retirement pay from September 14, 2010 to July 29, 2014 within 14 days from the date of retirement without justifiable grounds, such as an agreement on the extension of the payment deadline, and did not pay KRW 91,78,826 of the total retirement pay for 11 employees from the date of each retirement, as described in paragraphs (1) through (10), and (14) of the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of relevant Acts and subordinate statutes to each written petition and written confirmation of facts;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment with prison labor, respectively;

1. Among concurrent offenders, the following facts are divided into one another under the favorable circumstances for the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: (a) the Defendant appears to have aggravated the management of the company due to the fact that the Defendant caused the fraud by a third party; (b) the total amount of wages in arrears, etc., which was in unfavorable circumstances, is KRW 152,919,926; and (c) the victims paid KRW 5,00,000 through the victim E.

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