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(영문) 인천지방법원 2016.04.08 2015고단3194
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant 2015 group 3194 was the president of the Nam-gu Incheon Metropolitan City X Medical Consumer Cooperatives, and was operated by 20 full-time workers as “Z/A Council members”. Defendant 20 did not pay KRW 4,455,824 within 14 days from the date of retirement without agreement on the extension of the payment date.

Defendant 4254 of the upper group 2015 was operated by 60 full-time workers on the 2 and 3th floor of the building AC in Gyeyang-gu Incheon Metropolitan City, and the “Y Medical Consumer Cooperatives AD convalescent Hospital” was operated from July 4, 2014 to December 26, 2014, as well as the wage 2,237,700 won on December 2, 2014 of the AE, which worked during the period from July 4, 2014 to December 26, 2014, and 4V and 15W once in the year of crimes listed in attached Table 1 of the List of Offenses Act, the court submitted to this court on April 7, 2016, stating that it does not want to be punished by the Defendant, and the judgment dismissing the public prosecution as above is excluded in the list of crimes.

In the same manner, 26,041,120 won was not paid within 14 days from the date of occurrence of the reasons for payment without agreement on extension of the payment deadline, for the total amount of wages of 17 workers.

Summary of Evidence

2015 Highest 3194

1. Statement by the defendant in court;

1. Details of respective wages in arrears (46 pages, 48 pages), detailed statements of transactions (95 pages), average wages and retirement allowances estimate (214 pages of investigation records) 4254 higher end of 2015;

1. Statement by the defendant in court;

1. Application of each fact-finding statement and each of the relevant Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the facts constituting an offense (including failure to liquidate gold), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact of failure to pay gold);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between a violation of the Labor Standards Act for AB and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;

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