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(영문) 수원지방법원 안산지원 2016.11.17 2016고단2664
근로기준법위반등
Text

1. Of the instant criminal facts, the number 2 to 8, 11, 13, 14, 15, 19 and 23 of the annexed list of crimes are as follows.

Reasons

Punishment of the crime

[Attachment Table No. 2 through 8, 11, 13, 14, 15, 19, and 23 times per annum of the crime sight table] The defendant is an employer who operates the F Co., Ltd. in Ansan-gu E in Ansan-si.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay him/her wages within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the wages of the workers within 14 days from the date of retirement without agreement on the extension of the date, as shown in the attached list of crimes.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the defendant did not pay the retirement allowances of workers within 14 days from the date of retirement without agreement on the extension of the date, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each relevant statute;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant led to the instant crime, and the defendant was de facto dismissed from the representative director after a management right transfer agreement with respect to the said company was concluded on January 13, 2016, and the victims seem to have retired from the said company thereafter, the victims appears to have been paid a considerable amount of damages, substitute payment and retirement pension, etc. as part of the damages to the victims after the instant indictment, the defendant was the primary offender, the background leading up to the instant crime, the defendant's age, career, family relationship, and economy.

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