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(영문) 의정부지방법원 2015.11.27 2015고단1336
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 became final and conclusive.

annex.

Reasons

Punishment of the crime

The defendant is a person who operates C Co., Ltd. in both weeks, and is an employer who is engaged in salting business by using 50 full-time workers.

1. From February 17, 2014 to December 1, 2014, the Defendant violated the Labor Standards Act: D- 120,80 won of wages in August 2014; and D- 2,695,40 won of wages in September 2014; and 2,572,640 won of wages in October 2014; and 8,288,840 won of wages in November 2014; and 6,10,12,15, 16, 18, 21, 241, 31, 32, 42, and 42, the Defendant did not pay KRW 12,12 of wages in arrears without agreement between the parties concerned; and

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 20,108,680, respectively, within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment, as stated in the separate sheet Nos. 6, 12, 15, 31, and 32, including the details of the money and valuables in arrears attached to E’s retirement pay of KRW 4,043,320, working at the aforementioned workplace from August 1, 2013 to December 1, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A petition or a representative appointed;

1. A detailed statement of overdue money and valuables;

1. Application of Acts and subordinate statutes to fact-finding certificates, family relation certificates and certified copies of removed records;

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 with prison labor (including the fact that the amount of wages in arrear and retirement allowances is large);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended execution is against his/her will to recognize his/her mistake under Article 62(1) of the Criminal Act, the details of the instant wage and retirement allowances in arrears, and other circumstances after the Defendant’s age, character and conduct, environment, motive for the crime, and crime.

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