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(영문) 대구지방법원 경주지원 2015.06.11 2014고단872
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, 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 C in racing-si, who is an employer who has five regular workers and conducts the steel structure manufacturing business.

1. The Defendant violating the Labor Standards Act is working at the same workplace around May 16, 2014.

A retired worker D's total amount of 8,100,000 won, such as wages of 1,180,000 won in January 2014, did not pay 8,100,000 won within 14 days from the date of retirement, which is the date of payment, without agreement between the parties to the labor contract

In addition, the Defendant did not pay the total amount of KRW 27,332,500 to four workers from the above date to May 20, 2014, as shown in the list of crimes in the attached Table.

2. Defendants who violate the Guarantee of Workers' Retirement Benefits Act shall work at the same workplace on May 16, 2014.

3,88,845 won of retirement allowances of retired workers D was not paid within 14 days from the date of retirement, without agreement between the parties to the labor contract on the extension of the due date.

In addition, the Defendant did not pay the total amount of KRW 10,669,345 in the same manner, as shown in the list of crimes in the attached Table, from the above date to May 20, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(1) and Article 36 of the same Act, and the choice of imprisonment, respectively;

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;

1. Social service order under Article 62-2 of the Criminal Act;

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