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(영문) 춘천지방법원 원주지원 2014.04.11 2013고단848
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of D Co., Ltd., with 119 and 120 of C building at the prime city, who runs metal structure construction business using eight full-time workers.

1. The Defendant in violation of the Labor Standards Act, from June 5, 2012 to November 29, 2012, did not pay KRW 7,140,000 to workers E who provided labor at the said workplace within 14 days from the date of retirement, and did not pay KRW 19,249,98 in total for three workers within 14 days from the date of retirement as shown in the attached crime list, as shown in the attached crime list.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 10,360,450 of retirement allowances for 14 days from the date of his/her retirement from October 12, 2009 to January 31, 2013 to 14 days from the date of his/her retirement and did not pay the total of KRW 18,005,166 of retirement allowances for 2 workers within 18,005,166 from the date of his/her retirement without any agreement on the extension of the payment date between the parties as shown in the list of crimes in the attached

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to F and G;

1. Application of Acts and subordinate statutes of confirmation of facts;

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, or Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, concerning facts constituting an offense;

1. Articles 40 and 50 of each Criminal Act (F and G violation of each Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits, and punishment imposed on each of the crimes which are heavier than the provisions of the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in the violation of the Guarantee of Workers' Retirement Benefits Act against the F with the largest penalty);

1. The collection of attempted credit of the company which operated the defendant under Article 62(1) of the Criminal Act is suspended of execution.

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