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(영문) 전주지방법원 군산지원 2015.01.28 2014고단776
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant operates the Yeongdeungpo-gu Seoul Metropolitan Government Co., Ltd. D in Yeongdeungpo-gu, and is engaged in the manufacturing industry by utilizing 25 full-time workers at the field of F located in Gunsan-si E.

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

Nevertheless, the Defendant, while working in the above workplace and retired on February 15, 2014, did not pay 46,778,000 won in total for eight retired workers within 14 days from the date of retirement, as stated in the detailed statement of unpaid benefits by each individual, including 2,280,000 won of G workers G who retired from office on November 1, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on the statement of the police to G, H, I, J, K, and L

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

1. Of concurrent offenders, the number of offenses punishable with unpaid wages for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is one time, and the total amount of unpaid wages in this case and the circumstances leading to this case shall be comprehensively examined and determined as stated in the disposition, and the sentence shall not be detained in court for the purpose of giving an opportunity for agreement.

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