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(영문) 창원지방법원 통영지원 2017.08.08 2017고단430
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant of "2017 Highest 430" is an employer who is a person in charge of the operation of a construction business with five full-time workers under the trade name of Ssisi E from F (State).

1. The Defendant violated the Labor Standards Act, at the above workplace from May 8, 201 to September 13, 201, did not pay the total of wages of KRW 2,625,00 on July 201, G retired workers G, including KRW 6,387,50 on September 1, 201, including KRW 6,387,50 on the total of wages of KRW 2,625,00 on August 201, 201, and KRW 1,137,50 on September 1, 2016, the year year 2015, annual leave from May 201, year 201, year 2015, annual leave from year 2015, year 2016, annual leave from year 2016, annual leave from year 2016, annual leave from year 2016, 2016, KRW 108,505,505,015,05.

2. The Defendant in violation of the Guarantee of Retirement Benefits for Workers did not pay KRW 16,054,866 of the said Workers G retirement pay within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Labor contracts and written resignation;

1. Application of Acts and subordinate statutes to the benefits, bonuses, agreements on the settlement of accounts of retirement allowances, unpaid status, the detailed statement of benefits in July 2016, the detailed statement of benefits in August 2016, the detailed statement of benefits in September 2016, the calculation of retirement allowances, the average wages and the calculation statement of retirement allowances in September

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] There is no basic area (from April to August) of the basic area (from April to August) of the sentencing criteria for non-payment of wages, etc. from crimes violating the Labor Standards Act;

2. Although the defendant, who was sentenced to a sentence, did not have to pay wages in arrears, the defendant does not pay such wages at all.

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