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(영문) 수원지방법원 안양지원 2014.08.12 2014고단452
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.

(e).

Reasons

Punishment of the crime

The defendant, as the representative director of C in Ansan-gu, is an employer who employs five full-time workers and engages in the installation, maintenance, and repair of communication-related facilities such as the Internet.

The Defendant worked at the pertinent workplace from December 15, 201 to August 20, 2013, and did not pay 41,41,416,255 won in total, including 2,049,980 won of wages and retirement allowances of retired workers D, E, from May 2013, as shown in attached Table 1, 201, within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Application of the detailed statement on the payment of wages, the detailed statement on the calculation of each retirement allowance, the detailed statement on the payment from December to February 2012, 2013, the detailed statement on the payment from May to September 2013, the detailed statement on the payment from May 2013, the detailed statement on the collection of withholding taxes on earned income, the detailed statement on the payment of wages, and the Acts

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of which payment of retirement allowances is not made);

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. The summary of Article 62(1) of the Criminal Act (see, e.g., the fact that the Defendant discharged part of the unpaid wages, etc. to workers D) that dismissed the prosecution of this case is in violation of the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits among the facts charged in the instant case is that the Defendant, from December 8, 2010 to September 30, 2013, did not pay KRW 16,256,350 in total as wages and retirement allowances from June 2013 to September 2013 as well as KRW 2,295,370 in the amount of wages and retirement allowances from June 2013 to September 2013 as well as KRW 16,256,350 in the amount of wages and retirement allowances from June 2013 to September 20, without agreement between the parties to the instant case.

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