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(영문) 인천지방법원 2015.11.12 2015고단3626
근로기준법위반등
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A defendant shall be punished by imprisonment for six 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, “C” from the Nam-gu Incheon Metropolitan City B and the second floor, who used six full-time workers, was a person operating “C”. The Defendant, including D’s total wages and retirement allowances from January 15, 2013 to December 12, 2014, did not pay KRW 15,168,930, total amount of seven workers’ wages and retirement allowances from the date of retirement within 14 days from the date of retirement without agreement between the parties on extension of the due date.

The Defendant is an employer who employs six full-time workers from the second floor of Nam-gu Incheon Metropolitan City and operates C.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days thereafter.

Nevertheless, the Defendant is working from January 7, 2015 to March 16, 2015 at the above workplace.

Wages of retired workers E were not paid KRW 3,255,842 within 14 days from the date of retirement.

Summary of Evidence

"2015 Highest 3626"

1. Defendant's legal statement;

1. "Written statement of each police officer made to D, F, G, H, I, J, and K "2015 Godan3908";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration in light of the fact that the crime was committed, the circumstances leading

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