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(영문) 수원지방법원 성남지원 2020.05.20 2019고단3261
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the representative of the F Co., Ltd. in Gwangju City E and operates a manufacturing business using 15 full-time workers.

1. The Defendant, in violation of his/her duty to liquidate money and valuables at the above workplace, did not pay KRW 200,000,000, which was paid from June 19, 201 to August 9, 2019 at the above workplace, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date, as stated in the attached Form (excluding No. 6,10), including the 11 employee’s total money and valuables, as well as the 79,987,132 employee’s money and valuables.

2. Unpaid retirement pension shall work from June 19, 201 to August 9, 2019.

The retirement pension charges for the retirement G was not paid in 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment, such as the statement of the attached Form (except No. 6, 12) including the amount of 8,109,692 won for the retirement pension charges for the retirement G, and the total amount of 93,642,619 won for 10 retired workers.

Summary of Evidence

1. Application of the law to the defendant's protocol of interrogation of the police interrogation to G and 14 other than G

1. Relevant legal provisions and Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 2 and 20 (5) of the Guarantee of Workers' Retirement Benefits Act (which means the unpaid payment of wages, etc., imprisonment with labor), and Articles 44 subparagraph 2 and 20 (5) of the same Act;

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

1. The Defendant’s reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the reasons for sentencing following the suspended sentence) shall not be subject to a strict punishment by covering the total amount of unpaid wages and retirement pension charges, etc., to KRW 170 million.

However, the defendant has to do his best to pay the delayed payment by reflecting the wrongness, and is the first offender who has not been subject to criminal punishment.

In addition, the defendant's age and health, family relations and living environment, details and result of the crime, and after the crime.

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