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(영문) 창원지방법원 통영지원 2016.02.18 2015고단915
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor 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 an employer who has run a vessel processing business using 58 full-time workers under the trade name of "S" in Gyeongnam-gun R.

1. The Defendant in violation of the Labor Standards Act did not pay 15,671,670 won, total sum of 4 wages of retired workers, as indicated in the attached Table Nos. 6, 8, 9, and 12, as well as 15,671,670 won, within 14 days from the date of each retirement without agreement on the extension of the payment period between the parties concerned, as stated in the attached Table Nos. 6, 8, 9, and 12, while working in the above company from August 26, 2013 to November 30, 2014.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay 12,290,470 won, including T retirement allowance of 3,233,940 won, which was retired from the said company from around August 26, 2013 to around November 30, 2014, in total, 12,290,470 won, as indicated in attached Table 5 and 6, within 14 days from the date of each retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to U, V, W, and F;

1. Report on acquisition of each investigation data;

1. Application of Acts and subordinate statutes to file an accusation, a detailed statement of unpaid money and goods, average wages and retirement allowances, a written confirmation of payment of wages and retirement allowances, a business registration certificate, a certified copy of the corporate registry, and a written confirmation of occurrence

1. Article 109 of the relevant Act and Articles 109 (1), 36 of the Standard Labor Standards Act for Criminal Fact-finding, and Articles 44 subparag. 1, 9 of the Guarantee of Retirement Benefits for Workers, and Selection of Imprisonment with labor for each type of crime;

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. Article 62(1) of the Criminal Act on the suspended execution (the fact that it is anticipated that the payment of substitute payment, etc. to many damaged workers will be made, and the defendant is against the law;

rejection of prosecution, etc.)

1. The Defendant charged with the facts charged is the trade name “S” in Gyeongsung-gun R.

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