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(영문) 의정부지방법원 2014.04.11 2013고단3209
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.

(e).

Reasons

Punishment of the crime

On November 16, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the District Court for the purpose of violating the Labor Standards Act, and on January 18, 2013, the above sentence became final and conclusive.

The defendant is the representative director of S, Inc. located in Gyeonggi-do R, who operates food treatment machinery manufacturing business using 20 regular workers.

1. The Defendant in violation of the Labor Standards Act was serving in the above company from April 1, 2008 to December 30, 2012, and did not pay KRW 183,656,020 in total, including KRW 35,80,660, and KRW 4,12,17, 19, and 20 in the annexed crime list, including KRW 4,17, 19, and 20 in the same year, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of the due date between the parties.

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act was serving in the said company from April 1, 2008 to December 30, 2012, and did not pay each of the retirement allowances of 9,801,000 won, including 4,12,17, 19, and 20 won, including 5 employees, within 14 days from the date of the occurrence of the cause for payment, without any agreement on extension of the due date between the parties to the payment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement prepared by the U and V;

1. A complaint;

1. Each written petition;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to indictments);

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62(1) of the Criminal Act:

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