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(영문) 부산지방법원 2016.08.25 2016고단3662
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a user who had a regional store in each nationwide area with the trade name of Q and 1st floor "E" in Busan Northern-gu Q and 9 and used 250 full-time workers to engage in beauty and beauty business in the skin.

The Defendant did not pay KRW 2,798,100 of K Q’s retirement allowances from February 1, 2014 to August 24, 2015 within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, and did not pay KRW 37,465,520, total amount of wages and retirement allowances of 13 retired workers within 14 days from the date of retirement, as shown in the attached list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to Q, KR, KS, KT, DG, FJ, CM, and KU;

1. Each complaint and each petition;

1. Application of Acts and subordinate statutes to the list of workers in arrear, detailed statement of money and valuables in arrear, verification of money and valuables in arrear, verification of money and valuables in arrear, and details of calculation

1. Article 109(1), Article 36 of the Labor Standards Act (violation of the duty to liquidate money or goods), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers, concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between a violation of the Labor Standards Act for KR, KV, K, KW, CM, KX, and KU, and a violation of the Workers' Retirement Benefit Security Act);

1. Selection of each sentence of imprisonment;

1. In full view of various circumstances, including the amount of wages and retirement allowances that the defendant had not paid, career, criminal history, age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as set forth in the records shall be determined as ordered by the court below, taking into account the following circumstances: (a) the period of punishment as set forth in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; (b)

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