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Reasons
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(영문) 부산지방법원 동부지원 2016.11.09 2016고정863
근로기준법위반등
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a business owner who operates the clothing manufacturing business using ten regular workers under the trade name of "D" in Nam-gu Busan Metropolitan City C.

The Defendant did not pay KRW 4,832,903 ( KRW 1,284,00, KRW 292,000, KRW 1,292,000, KRW 1,256,903, or KRW 2,721,322, or KRW 7,554,225, or KRW 646,150, KRW 258, or KRW 328,08, or KRW 325, or KRW 646,50, KRW 258, or KRW 328, or KRW 258, or KRW 7,522, which was employed from November 4, 2013 to September 20, 2015 at the same place of business without agreement between the parties to the payment, within 14 days from the date of extension.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes, such as a written calculation of average wages and retirement allowances, and passbook transactions;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Penalty of a fine not exceeding two million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. The decision as to the defendant's assertion of Article 59 (1) of the Criminal Code of the Suspension of Sentence (see, e.g., Article 59 (1) of the Criminal Code (see, e., Supreme Court Decision 2007Da14448, Apr. 2, 2007) (see, 2008Da1448, Apr. 2, 2007) (see, 2008Da11334, Feb.

1. There were extenuating circumstances where the Defendant was unable to pay the instant wages or retirement allowances at the time of his assertion.

2. Determination

A. Violation of the duty to pay wages, retirement allowances, etc. as stipulated in Articles 109 and 36 of the Labor Standards Act is committed.

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