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(영문) 수원지방법원 2019.07.25 2019고단273
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is an employer who conducts manufacturing business as a manager of (State)C and C in Gyeonggi-do.

1. The Defendant did not pay the total amount of KRW 26,629,823 of the wages of D, which was worked in the foregoing workplace from March 8, 2017 to July 6, 2018, including the failure to pay KRW 808,850 in March 2017, and did not pay KRW 58,648,807 in total for seven retired workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as shown in the attached list of crimes.

2. The Defendant did not pay KRW 5,238,818 of D retirement pay at the above workplace as described in the foregoing paragraph (1) and did not pay KRW 44,101,872 in total for four retirement allowances of retired workers within 14 days from the date of retirement without agreement on extension of the due date between the parties, as stated in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement and each written petition;

1. A detailed statement of calculation of each average wage and retirement allowance, and application of employment contract statutes;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] The basic area (one hundred million or more won) of the sentence three types (eight to one hundred or more years of imprisonment) (one to one year and six months): No extraordinary circumstance unfavorable to a person (decision of a sentence] (decision of a sentence): The sum of unpaid wages and retirement wages remains at KRW 100 million.

One-time criminal records of a fine.

The favorable circumstances: The defendant recognized the error and made a reimbursement for damage.

Financial deterioration and business depression are recognized.

Criminal disposition, in addition to the fine twice of a small amount.

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