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(영문) 광주지방법원 2018.08.22 2018고단682
근로기준법위반등
Text

A defendant shall be punished by imprisonment 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.

Reasons

Punishment of the crime

The defendant is, as the Seo-gu representative director of Seo-gu B 204 Dong 209, the employer who has been engaged in the safety inspection of facilities using five workers.

1. From November 5, 2014 to March 31, 2017, the Defendant did not pay KRW 18,000,000 in total amount of wages of four workers, and KRW 6,50,000,00 in total amount of three workers’ retirement allowances, as indicated in the attached crime list, as shown in the attached crime list, as well as KRW 3,00,000,000 in total, of four workers’ retirement allowances, within 14 days from the date of each retirement without agreement on the extension of payment deadline.

2. The Defendant, as of March 31, 2017, dismissed four of the above workers D, etc. as of March 31, 2017 without notice, and did not pay the sum of KRW 4,400,000 of the pre-employment allowances as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of D and E;

1. Application of Acts and subordinate statutes on respective authentic statements made to F, D, E, and G;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts; Article 110 Subparag. 1 and Article 26 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits of Workers;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to a violation of the Labor Standards Act due to the payment of wages and a violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits);

1. Selection of imprisonment with prison labor chosen;

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. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - Normals favorable to him/her: The defendant's mistake is recognized, the defendant is the primary offender, -

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