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(영문) 의정부지방법원 고양지원 2017.09.29 2017고단1611
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is an employer as a representative director of the D (ju) who employs five full-time workers on the 6th floor of the Dong-gu Seoul building in Manyang-si and is engaged in the data processing business.

From January 1, 2012 to December 16, 2016, the Defendant had not paid the amount of KRW 18,866,960 for retired workers E’ wages and retirement allowances of KRW 13,423,079 within 14 days from the date of retirement, as well as the amount of KRW 59,813,90 for two workers’ wages and retirement allowances, as shown in attached Table Nos. 2, 3, 2012, within 14 days from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes of each letter of confirmation of overdue payment of wages (No. 2 and 6), statement of salary (No. 8) (Evidence List No. 13), average wage and statement of retirement allowance (Evidence List No. 13);

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has been punished for the same crime, and that the unpaid wage and retirement amount in this case are not significant is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflected his mistake, and that it seems that he intentionally did not delay wages and retirement allowances is favorable to the defendant.

In full view of the above circumstances and circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the sentencing conditions as shown in the previous theories, the punishment shall be determined as ordered.

Rejection of Public Prosecution

1. The Defendant charged with the facts charged on the sixth floor of the Dong-gu Busan Metropolitan City building C.

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