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(영문) 의정부지방법원 2015.12.08 2015고단2520
근로기준법위반등
Text

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.

(e).

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. in Scheon-si, who is engaged in the free manufacturing business with ten full-time workers.

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

Nevertheless, the Defendant appears to have worked in the foregoing workplace from May 25, 2012 to May 3, 2013, as stated in D’s written indictment for February 2013, 2013, the phrase “2014. Feb. 2, 2013” appears to be a clerical error in the phrase “20. Feb. 25, 2013.”

A total of KRW 3,322,355, such as wages of KRW 1,386,155, did not pay KRW 65,638,393, respectively, within 14 days from the date of retirement, as stated in the attached Table Nos. 1 through 9, and 11, including that the parties did not pay KRW 3,32,355, in total, within 14 days from the date of retirement, without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to written statements, detailed statements of benefits, average wages and written statements of calculation of retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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 portion dismissing the prosecution under Article 62(1) of the Criminal Act (including the fact that approximately KRW 50 million was paid to workers as substitute payment, and the fact that it resulted in the instant crime due to financial difficulties, etc.)

1. The Defendant’s summary of the facts charged is without agreement between the parties on the extension of the due date of payment, including the amount of wages and retirement allowances of KRW 11,017,315,00 of G retired on September 1, 2012, while serving in C from around December 1, 201 to December 12, 201.

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