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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 고양지원 2015.04.16 2014고단2854
근로기준법위반등
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A defendant shall be punished by imprisonment for six 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 a user who engages in software development business by using four full-time workers under the trade name of “stock company C” in Yongsan-gu, Busan Metropolitan City.

The Defendant, while working in the said workplace from May 3, 2010 to May 7, 2014, did not pay KRW 13,739,324 in total, including the amount of KRW 5,67,960 and retirement allowances of KRW 8,071,364, etc. of KRW 5,739,324 in relation to D who retired from the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, and did not pay KRW 51,171,958 in total for 4 employees within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Application of Acts and subordinate statutes to a written petition, average wages, and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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 execution of imprisonment is suspended, taking into account the following circumstances: (a) the amount of wages and retirement allowances for which a defendant for the reason of sentencing under Article 62(1) of the Criminal Act was not paid and the amount of wages and retirement allowances that the defendant did not pay is reasonable; (b) however, the defendant's mistake is recognized; (c) the defendant has no criminal records except the defendant was sentenced to a fine of KRW 100,000 due to the violation of the Military Service Act in 192; and (d) it appears that wages and retirement allowances could not be paid due to business difficulties; and (d) the execution of imprisonment is suspended.

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