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(영문) 수원지방법원 2016.10.07 2016고단2117
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four 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 an employer who engages in a manufacturing business using ten full-time workers under the trade name of “E” in Mosung City D.

The Defendant did not pay KRW 3,785,00 in total wages of KRW 1,405,00 and retirement allowances of KRW 5,753,412 to the victim F within 14 days from the date of retirement without agreement with the victim F, who was employed by the victim F, from March 27, 2013 to July 18, 2015, for the total amount of wages of KRW 24,483,389 in total and KRW 38,86,263 in total and KRW 14 days in total for the victim F, who were employed by the victim from March 27, 2013 to July 18, 2015, and did not pay to the victims within 14 days from the date of retirement without agreement with the victims on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared by G and H;

1. Each statement in a telephone statement;

1. Application of each Act or subordinate statute to include data submitted (the details of non-payment of benefits) and the benefit ledger;

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 ordinary concurrent crimes (trades in violation of each Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act against victims);

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 (the fact that the defendant has a record of being punished for the same crime does not have the record of being punished for the same crime, and the amount of arrears in this case shall be considered);

1. The dismissal of prosecution under Article 62-2 (1) of the Criminal Act;

1. The summary of the facts charged is that the Defendant is an employer who runs a manufacturing business using ten full-time workers under the trade name of “E” in e.g., Sungsung City D.

The Defendant at the foregoing workplace on March 2, 2015.

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