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(영문) 서울동부지방법원 2018.04.13 2017고단4036
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

The defendant is the representative of the corporation D in Gwangjin-gu Seoul Special Metropolitan City, who is in charge of the business operation of the above corporation.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of KRW 3,614,00 in March 1, 2017, which was retired from the said place of business from March 1, 1989 to May 8, 2017, including the total of KRW 3,614,00 in April 23, 2017, and KRW 932,645 in May 2017, and KRW 8,160,645 in retirement pay and KRW 96,04,744, and KRW 96,744 in August 26, 1986 to KRW 94 in May 8, 2017, KRW 2,383,340 in March 23, 2017, KRW 38,340 in April 38, 204, KRW 204 in May 15, 2015, KRW 3815 and 481 in May 18, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of the G production;

1. Application of the Acts and subordinate statutes reporting criminal place

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. The provisions of Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment prescribed for the violation of each Labor Standards Act for Workers E and F, the violation of each Labor Standards Act for Workers E and F, the violation of each Labor Standards Act for retirement benefits of each worker, and the punishment prescribed for the violation of each worker's retirement benefits security, the nature of the crime

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a worker E with heavy penalty)

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following circumstances considered as favorable among the reasons for sentencing) 1.

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