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(영문) 수원지방법원 여주지원 2016.07.13 2016고단184
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of C in Leecheon-si, and the employer who runs the manufacturing business using 30 full-time workers in the above business place.

1. From March 26, 2012 to November 2, 2015, the Defendant, as indicated in the List of Offenses, did not pay KRW 2,874,193 on August 8, 2013 to retired workers D, as well as the amount equivalent to KRW 107,140,853, the sum of wages from around that time to November 2015, was not paid within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

2. From March 26, 2012 to November 2, 2015, the Defendant did not pay an amount equivalent to KRW 14,432,866 of retirement allowances, as stated in the list of crimes in the attached Table, to the retired workers D, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to employment contracts, wages confirmation certificates, and retirement allowance allowances allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., circumstances in which payment of unpaid wages and retirement allowances is deemed to have been made according to the rehabilitation plan);

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