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(영문) 광주지방법원 2016.01.20 2015고단2192
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 is the representative of the corporation D, which is in the Hampong-gun C and has been employed by 15 full-time workers in the steel processing business.

From January 7, 2013 to November 11, 2014, the Defendant did not pay KRW 2,500,000 for annual salary and annual salary of KRW 911,160 for retirement allowances, KRW 4,683,936 for three workers working at the same workplace as in the attached Table 2,11,92, and annual salary and annual salary of KRW 15,07,280 for three workers working at the same workplace as in the attached Table 2, 11,12, and 12,74,544, respectively, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Application of statutes on details of overdue money, valuables and retirement allowances;

1. Article 109(1) and the main sentence of Article 36 of the Labor Standards Act (the fact that wages are not paid) of the relevant Act on criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (the fact that wages are not paid) of the relevant Act on the basis of the facts constituting an offense;

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

1. 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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - Circumstances favorable to the defendant: The defendant reflects the crime of this case, and the defendant has endeavored to recover the damage of workers after the prosecution of this case, and there is no record of punishment exceeding the fine against the defendant. - Unfavorable circumstances: The defendant has six records of punishment due to a violation of the Labor Standards Act, and the sum of wages and retirement allowances not paid to three workers is 27,781,824 won or more;

The part dismissing the public prosecution

1. The summary of this part of the facts charged is that the Defendant, as the representative of D Co., Ltd. in the Southern-gun C, was employed by 15 full-time workers and engaged in steel bars processing business.

The defendant is above from August 29, 2012 to November 11, 2014.

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