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(영문) 제주지방법원 2014.01.17 2013고단1424
근로기준법위반등
Text

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

In Jeju, the Defendant is a managing director of D Co., Ltd. (hereinafter “instant company”) located in C (hereinafter “instant company”) who employs 50 full-time workers and actually operates the said golf course.

1. Notwithstanding the fact that an employer violating the Labor Standards Act pays all money and valuables, such as wages, within 14 days from the date of retirement, unless the parties have agreed to extend the payment period, if a worker retires, the Defendant did not pay 2,682,360 won for December 17, 1995 to April 30, 2013 of the employee E, who worked at the instant company from May 17, 1995 to April 30, 2013, 2,692,590 won for March 3, 2013, and 1,435,30 won for April 20, 2013, and did not pay 30,348,080 won for each of the E workers, F, G, and H4 wages within 14 days from the date of retirement without an agreement on extension of payment.

2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act has paid retirement allowances within 14 days from the time when the cause for such payment occurred when the employee retired from office. However, the Defendant did not pay retirement allowances of 16,414,343 won as stated in the written indictment of 16,41,343 won from May 17, 1995 to April 30, 2013 as stated in the written indictment of 16,41,343 won. The Defendant did not pay 59,042,793 won in the written indictment of 59,04 won in total, 793 won in the written indictment of 59,042,793 won in the written indictment of 59,04,793 won in the written indictment of 53,042,793 won in the written indictment of 14 days from the date of retirement as stated in the

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition filed in F, E, G, H, and I;

1. Application of statutes on the settlement of accounts of each retirement allowance;

1. Relevant legal provisions and choice of punishment for facts constituting an offense: Articles 109(1) and 36 of the Labor Standards Act (the point of payment of unpaid wages), and Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of unpaid retirement allowances); and each choice of imprisonment with prison labor

1. Aggravation of concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act;

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