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(영문) 수원지방법원 안산지원 2016.01.14 2014고단2300
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 F Co., Ltd. in Ansan-si E, who is an employer who conducts manufacturing business using 15 full-time workers.

1. The Defendant violated the Labor Standards Act, including: (a) from February 3, 2014 to April 1, 2014, the Defendant employed workers G workers and had them work in the said workplace; and (b) did not pay wages of KRW 4,900,00,000 from the date of retirement within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties; and (c) did not pay KRW 44,810,971 for the total deposit to 13 employees, such as the last day of the crime list (1) without an agreement on the extension of the payment deadline between the parties.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) had workers H employed in the workplace from May 1, 2012 to April 1, 2014; (b) did not pay the retirement allowances of KRW 4,986,260; and (c) did not pay the retirement allowances of KRW 13,230,250 for three workers within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned; and (d) did not pay the total amount of KRW 13,230,250 for three workers, such as the previous period of crime list (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Each statement of J, I, and K;

1. A copy of each written petition or petition, including L, M, N,O, P, Q, H, R, S, J, T, I;

1. A statement on the amount in arrears;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes to the benefit ledger;

1. Articles 109(1) and 43 of the Labor Standards Act (a violation of the duty to pay wages) of the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to pay wages); and

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Confessions and reflects, the fact that there is no record of the same kind of punishment, the unpaid wages and the unpaid wages.

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