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(영문) 대구지방법원 2013.10.10 2013고단3311
근로기준법위반등
Text

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

However, 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 Daegu Dong-gu (State)C in B.

1. The Defendant violated the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits from May 1, 2007 to January 31, 2013, while working in the said state-C from January 31, 2013 of the retired workers D’ D’, did not pay the amount of KRW 2,890,000 and retirement allowance of KRW 15,932,198 within 14 days from the date of retirement without agreement on the extension of the due date.

In addition, the Defendant did not pay the total amount of KRW 154,118,292, as well as the amount of wages and retirement allowances of 41 workers retired from the above Note C, as described in (i) Nos. 1 through 5, 9, 11 through 20, 22 through 29, 32, 33, 35 through 49, within 14 days from each retirement date, without agreement on the extension of the due date.

2. The Defendant violated the Minimum Wage Act, despite that he was not allowed to pay wages less than the minimum wage amount, paid 2,897 won below the minimum wage amount, from May 1, 2007 to July 31, 2012, to E workers employed in the above state in the above state (C)C, from August 1, 2009, from around July 2012 to around July 2012, the Defendant paid wages less than the minimum wage amount as shown in the attached list of crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and E;

1. A written petition (including a delegation letter);

1. Complaint;

1. A statement of the current status of overdue wages and retirement allowances, statement of calculation of average wages and retirement allowances, business registration certificate, registry, adjustment of payment details of wages, copy of passbook, calculation of average wages and retirement allowances, statement of calculation of average wages and retirement allowances, payment below the minimum wage in operation, and

1. Report on investigation results - Payment below the minimum wage;

1. Investigation report (Attachment of passbook copy) - A copy of the details of passbook transaction; and

1. Investigation Report (Verification of Minimum Wage Amount) - Application of the minimum wage details statutes;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act.

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