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(영문) 제주지방법원 2013.08.30 2013고단863
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is the representative director of C of a stock company with B as the head office of Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, and is an employer who runs a manufacturing business with 17 regular workers.

When a worker retires, the employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days from the time when the cause for such payment occurred, but the defendant works as the head of the electric control team of the above company from January 2, 2008 to July 22, 2012.

The retirement worker D’s wages and retirement allowances of KRW 2,198,00 on June 2012, and KRW 2,138,000 on July 2012, as well as KRW 12,313,788 on the extension of the payment deadline, were not paid within 14 days from the date of the retirement without any agreement between the parties concerned, as described in the attached list of crimes, as shown in the attached list of crimes, 8 employees E, F, G, H, I, J, and K, including 131,681,081 on the total amount of eight wages and retirement allowances.

Summary of Evidence

1. Statement by the defendant in court;

1. Each special judicial police officer's statement made to D, H and I;

1. Application of Acts and subordinate statutes to the calculation statement of overdue money and valuables and the calculation statement of each retirement allowance;

1. Relevant legal provisions concerning criminal facts: Articles 109 (1) and 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment with prison labor;

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

1. Suspension of execution: The sentence shall be imposed in consideration of all the following circumstances as the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act), taking into account the following circumstances: The facts of the crime are recognized and reflected; the facts of the crime are recognized and there is no criminal record of the same kind or suspended execution; and the circumstances which are disadvantageous to the payment of unpaid wages by substitute payment by the Korea Labor Welfare Corporation are likely to be repaid: The total sum of overdue wages, etc. is considerably large: the details of the delay of payment

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