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(영문) 수원지방법원 성남지원 2013.10.04 2013고단1080
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 C, a company located in the 3th floor of Sungnam-gu, Sungnam-si.

[2013 Highest 1080] The Defendant did not pay KRW 3,839,00 on January 7, 2013, 201, bonuses 1,438,000 on September 201, 201, retirement allowances, 7,456,458, total amount of KRW 12,73,458 on the date of retirement within 14 days from the date of retirement without an agreement between the parties on the extension of the payment term between the parties concerned.

[2013 Highest 1319] The Defendant did not pay KRW 114,280 on September 23, 2012, wages of KRW 114,280 on workers E, who worked for the said company from May 23, 2011 to October 31, 2012, and KRW 5,258,120 on October 201, and KRW 5,372,40 on October 3, 2012, within 14 days from the date of retirement without agreement on extension of the due date between the parties, as shown in the attached list of crimes, including that the Defendant did not pay KRW 100,385,920 on the total amount of wages of 17 workers as shown in the attached list of crimes, total business travel expenses of KRW 20,918,00 on the total amount of retirement allowances of KRW 71,824,766 on the date of retirement without agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement made by the police of the F;

1. Current status of personal benefits, detailed statement of transactions, detailed statement of calculation of retirement allowances, details of unpaid money and other valuables; and

1. Application of Acts and subordinate statutes to written complaint and petition;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the point of not paying retirement allowances and the choice of imprisonment);

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

1. The dismissal of prosecution under Article 62 (1) of the Criminal Act

1. The summary of this part of the facts charged is the defendant as the representative director of C, a company with three different stories in Sungnam-gu, Sungnam-si.

The defendant is a worker who has worked in the above company from April 1, 2006 to December 14, 2012.

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