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(영문) 수원지방법원 2017.06.21 2014고단1665
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is the representative of the C in Young-gu B and the third floor in Suwon-si, who employs 25 full-time workers and operates a mobile phone component assembly business.

When a worker retires, an employer shall pay the wages, and other money, valuables, and other retirement allowances within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, from November 11, 2008 to August 31, 2013, had worked in the said workplace and had retired workers from the said workplace, had not paid KRW 51,46,670 in total as stated in the attached Table, including KRW 998,540 on May 201, 2013 of the retired workers D, and KRW 77,630,825 in total, and KRW 4,375,680 in the retirement pay of the said D and KRW 51,46,670 in total, as stated in the attached Table, as stated in the attached Table, without any extension agreement between the respective parties on the payment date, within 14 days after the cause for the payment occurred.

Summary of Evidence

1. A protocol concerning the examination of suspect prepared by a special judicial police officer against the defendant;

1. A written statement prepared by the defendant;

1. Application of each Act and subordinate statute to prepare workers on the details of the arrears;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act for the Commercial Concurrent Crimes (a punishment imposed on a person who violates the respective Labor Standards Act for E, D,F, G, H, I, J, K, K, L, and M, and a punishment imposed on a person who violates the respective Labor Standards Act for the retirement benefit of workers, and a more severe crime committed);

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that are aggravated concurrent crimes include: (a) the Defendant has no particular criminal history of fines other than once due to this type of crime; (b) the amount of the money in arrears with a large and long-term repayment efforts; and (c) the fact that the money and valuables in arrears have not been concealed and the money and valuables have not been settled, and other conditions of sentencing are considered,

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