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(영문) 의정부지방법원 고양지원 2013.10.30 2013고단1456
근로기준법위반등
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, as the representative of “D” in “D” in “P, is an employer who runs the book business using 25 regular workers.

The defendant shall work in the above workplace from October 18, 1984 to February 28, 2013.

The retirement E’s wage of 1,878,860 won, wage of 670,68,680 won for May 201, 201, wage of 670,680 won for July 7, 2012, wage of 1,851,180 won for October 2012, wage of 1,901,180 won for December 2012, 2012, wage of 1,963,30 won for December 201, wage of 1,963,30 won for wage of 1,761,000 won for January 20, 2013, wage of 1,895,190 won for wage of 1,50,000 won for bonus of 20,500 won for year 20,000 won for retirement allowance of 1,500 won for retirement allowance of 637,2975 won for work, etc.

The amount of wages 1,443,590 won for May 201, 201, the amount of wages 1,41,760 won for July 201, the amount of wages 2,200,630 won for October 2012, the amount of wages 2,200,630 won for November 2, 2012, the amount of wages 2,450,630 won for April 2, 2012, the amount of wages 2,537,420 won for December 2, 2012, the amount of wages 2,449,120 won for January 2, 2013, the amount of wages 2,708,360 won for February 2, 2013, the amount of bonuses 1,50,000 won for year bonus 1,50,000 won for retirement allowances and retirement allowances 1,3714,537

The retirement allowance of the retired G was not paid KRW 118,705,346 in total for three retired workers, including KRW 8,595,594, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each written petition of E, F, and G;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to the details of overdue money and valuables;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and choice of imprisonment with labor for each type of crime;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no past record of the same kind of crime and that of the aged);

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