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부산지방법원 2015.02.05 2014고정4580

The sentence of sentence against the defendant shall be suspended.


Punishment of the crime

The defendant is an employer who is a person in charge of the business operation of textile manufacturing using eight full-time workers as a person in charge of the business operation of Gangseo-gu (State) Busan Metropolitan Government, and is in charge of accounting and general affairs from April 22, 2013 to November 15, 2013 at the above place of business.

As shown in the attached Form D such as retirement D, five workers' wages and retirement allowances have not been paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to each accusation and petition, benefits, unpaid retirement allowances, detailed statement of calculation of retirement allowances, current status of employees, wage ledgers, and standard employment contract;

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

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

1. Selection of an alternative fine for punishment;

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

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 (1) and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence (including the fact that most benefits and retirement allowances are paid);