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(영문) 서울서부지방법원 2016.10.27 2016고단1308
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of Mapo-gu Seoul Metropolitan Government 2nd floor (State) in building B, who has operated a building design business with ten full-time workers.

Although the Defendant from April 11, 201 to 2011 stated in the facts charged in 2011, it seems to be a clear clerical error.

5. Until 30.30, the employer did not pay 5,000,000 won for D's wages and retirement allowances for 7 workers as stated in the annexed crime list, and did not pay 60,650,330 won for 7 workers within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the petitioner representative to E;

1. A complaint and a petition;

1. The details of the arrears, the payment ledger, and the statement of the daily labor cost payment;

1. Application of employment insurance, daily workers, and employment status investigation statutes;

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, or Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, concerning facts constituting an offense;

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

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 (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant repents his mistake, that a significant portion of the unpaid wages and retirement allowances has been compensated by substitute payment, and that there is

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