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(영문) 광주지방법원 순천지원 2019.10.21 2019고단1366
근로기준법위반등
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A defendant shall be punished by imprisonment for six months.

However, 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 a person who actually operates the “C” in B at all times and is an employer who employs eight regular workers and engages in the business of manufacturing and installing hot water.

The Defendant did not pay KRW 6,038,70 of wages and retirement allowances of KRW 5,65,137 of workers D who worked in the same workplace from November 24, 2014 to May 24, 2018, and KRW 6,038,70 of wages of workers E who worked in the workplace from December 1, 2014 to May 24, 2018, and KRW 5,510,281 of retirement allowances, and KRW 5,350 of wages of workers who worked in the workplace from July 25, 2016 to May 24, 2018, KRW 3,546,30 of retirement allowances, KRW 3,307 of retirement allowances, KRW 50 of retirement allowances, KRW 5,307 of retirement allowances, KRW 5,305, KRW 130 of retirement allowances of workers and KRW 14,531,205,81,201.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, D, I, G, F, and H;

1. Each written petition;

1. Application of Acts and subordinate statutes to each statement of calculation of average wages and retirement allowances, each statement of calculation of retirement allowances, details of overdue money and other valuables, and unpaid statements

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. Article 62 (1) of the Criminal Act;

1. The order is based on a comprehensive consideration of the following circumstances: (a) the amount of overdue wages of the reason for sentencing under Article 62-2 of the Social Service Order Act is not much significant; (b) the accused is against his or her wrong recognition of his or her fault; and (c) the accused has no criminal record of the same kind; and (d) the Defendant’s age, character and conduct, family relationship, environment, circumstances after

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