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(영문) 부산지방법원 서부지원 2019.06.12 2018고단2493
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four 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 the representative director of the C Co., Ltd. in Busan Seo-gu B and the fourth floor, who runs the business of processing and selling fishery products.

The defendant is employed by the defendant from May 2, 2016 to August 1, 2018, while working for the defendant.

Withdrawn did not pay 1,764,593 won in April 1, 2018, wages of 1,378,450 won in May of the same year, wages of 1,251,450 won in June of the same year, wages of 1,358,545 won in July of the same year, and retirement allowances of 3,520,40 won in the list of crimes listed in the attached Table, and did not pay 10 retired workers on August 1, 2018 for 62,00,280 won in total from the date of retirement of each worker within 14 days from the date of retirement, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the respondent's statement prepared by the labor inspector;

1. Statement of the statement of the complainant prepared by a labor inspector regarding D;

1. Application of Acts and subordinate statutes to file a complaint, a petition, a current status of accounts payable, a written confirmation, and details of calculation of unpaid money and valuables;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are not paid);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one to four years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Violation of the Labor Standards Act) [Determination of Punishment] Violation of the Labor Standards Act: Wages, etc. (Type 1] and no person who has been paid wages, etc. (type 50 million) below the amount of less than 50 million won [Special Sentencing] (the recommended field and the scope of recommendations] basic area; imprisonment with labor for April to August;

B. Class 2 crime (Violation of the Guarantee of Workers' Retirement Benefits Act) / [Determination of type] Violation of the Labor Standards Act. Wages, etc. shall be unpaid.

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