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(영문) 청주지방법원 충주지원 2014.05.09 2014고단97
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

The defendant is the representative director of the D Co., Ltd. in the Chungcheongbuk-gun C.

When a worker retires, the employer shall pay all money, valuables, and retirement allowances, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned.

1. The Defendant in violation of the Labor Standards Act, as an employee of the foregoing workplace, did not pay KRW 46,057,620, total amount of money and valuables, such as wages, etc. of seven retired workers, within 14 days from the date of each retirement without agreement between the parties on the extension of the due date for payment, as shown in the attached crime list, as an employee of the above workplace, who worked as the head of the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the ' of the 'the Haa-gun apartment new construction work'

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 18,978,380 won in total, including the above F, within 14 days from each retirement day without any agreement on extension of the payment date between the parties concerned, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of G, H and F;

1. Application of the respective laws and regulations of G, H, F, I, and J

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, or Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

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. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (the fact that the defendant is dead and is against the defendant, the fact that the amount equivalent to the unpaid wages and retirement allowances is deemed to have been paid to the worker in the instant case, and other various circumstances that form the conditions for sentencing as shown in the records, such as the background leading to the instant crime, age, character

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