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(영문) 인천지방법원 2015.04.23 2015고단940
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 an employer who employs 13 full-time workers in Bupyeong-gu Incheon Metropolitan City C building 603 and operates D.

When an employee retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from that time, and even if the employee pays retirement allowances within 14 days from that time when the cause for such payment occurred, the Defendant is working in the above workplace from October 15, 2012 to November 30, 2014.

The retirement E’s wages of KRW 3,875,00 on September 2014, and KRW 3,375,000 on October 2014, and KRW 10.625,00 on November 3, 2014, and KRW 7,456,517 on retirement pay of KRW 10.625,00 on retirement pay and KRW 7,56,517 on retirement pay within 14 days from the date on which the cause for retirement or payment occurred, as listed in the list of crimes in the attached Table, did not pay the total of KRW 35,550,040 on retirement or retirement pay of KRW 47,289,50 on total of five workers and KRW 47,50 on retirement pay within 14 days from the date on which the cause for retirement or payment occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. A written petition;

1. Each written confirmation of delayed payment of wages by H, I, and J;

1. Application of the respective laws and regulations governing retirement allowances unpaid by H, I, and J;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement benefits);

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 (i.e., confession and reflect, and considering the absence of any history of criminal punishment exceeding the fine for the same kind of crime);

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