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(영문) 부산지방법원 2016.09.22 2015고단600
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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.

Reasons

Punishment of the crime

The Defendant is an employer who employs 10 full-time workers on the trade name of F3rd floor and 4th floor located in Busan Metropolitan Government E, and engages in construction business.

The Defendant did not pay a total of 40,527,035 won of wages and retirement allowances to his/her retired employee H while working in the pertinent workplace from March 26, 2012 to November 30, 2014, and did not pay the same to three workers within 14 days from the retirement date, without any agreement on the extension of the payment period between the parties concerned, as stated in the attached Table I, H, and J details.

The Defendant of “2015 Highest 5971” is an employer who employs five full-time workers on the 4th K4th floor in Busan Metropolitan City, and is an employer. In the event a worker dies or retires, the employer paid all money and valuables, such as wages, within 14 days from the time when the cause for payment occurred. However, on April 15, 2015, the Defendant did not pay KRW 10,500,000, total of wages, etc., from January 2015 to April 2015 to April 2015, without agreement on the extension of the payment date between the parties.

Summary of Evidence

"2015 Highest 600"

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Each written complaint, written complaint, and written statement "2015 Highest 5,971";

1. Statement by the defendant in court;

1. Application of L's accusation, written complaint and written statement to the Acts and subordinate statutes;

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 for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

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. Part 1. Dismissal of the prosecution under Article 62(1) of the Criminal Act (i.e., reflectivity, workers I, H, and J received the amount of wages and retirement allowances in the distribution procedure).

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