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(영문) 의정부지방법원 2015.12.22 2015고단794
근로기준법위반등
Text

The defendant shall be punished by imprisonment with prison labor for the crimes of Articles 1 through 3 and 6 through 8 of the List of Crimes, and the list of crimes in attached Form 2.

Reasons

Punishment of the crime

[Status and Criminal Records of the Defendant] The Defendant was sentenced to a suspended sentence of two years on June 18, 2014 to imprisonment for a violation of the Labor Standards Act, etc. by the District Court of the Republic of Korea on June 18, 2014, which became final and conclusive on June 26, 2014. The Defendant is the B representative director of the Company E in both States, who is a company, and operates the textile processing business by employing 4

【Criminal Facts】

1. The Defendant in violation of the Labor Standards Act did not pay 28,87,230 won, including L’s wage of 947,040 won on January 29, 2014, retired from the said workplace, to March 25, 2014, to 28,887,230 won, as stated in the attached Table Nos. 1 through 3, 5, and 8 of the Labor Standards Act, from the date of retirement, to 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 3,479,570 of retirement allowances retired from his/her workplace from March 11, 2013 to June 13, 2014 to 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. A written petition and a written statement;

1. Before judgment: Investigation of criminal records, reporting of results of confirmation of the previous disposition, and application of Acts and subordinate statutes to investigation reports (report accompanied by a written judgment);

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37, the main sentence of Article 39 (1) of the Criminal Act (attached Table 1 through 3, and the main sentence of Article 39 (1) of the same Act and the violation of the Labor Standards Act for which judgment has become final

1. From among concurrent crimes, the circumstances that are disadvantageous to the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act: The damage to workers is not yet recovered.

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