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(영문) 수원지방법원 2013.04.19 2013고단625
근로기준법위반등
Text

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

Reasons

Punishment of the crime

The defendant is the representative of C in the wife population B, who is an employer who operates the automobile maintenance business using ten regular workers, and the employer shall pay wages, retirement allowances, and all other money and valuables within 14 days from the time when the cause for such payment occurred when the worker retires.

Nevertheless, the Defendant did not pay the wages of KRW 25,180,00 and retirement allowances of KRW 7,474,449, which were retired from his/her workplace from February 9, 2010 to November 1, 2012, within 14 days from the time when the cause for payment occurred without an agreement on extension of the due date between the parties concerned, and did not pay the total amount of KRW 121,025,653 and retirement allowances of KRW 4,953,171, as shown in the attached list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition and a written statement;

1. Application of Acts and subordinate statutes to the benefit receipt passbook, employment contract;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 109(1) and 36 of the same Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment, respectively;

1. From among concurrent crimes, the sentence is imposed as ordered in consideration of the fact that the damage of this case was not yet agreed with the victims even in the name of KRW 165 million, and that the defendant had the record of being sentenced two times to fines for the same kind of crime.

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