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(영문) 대전지방법원 2013.11.27 2013고단3100
근로기준법위반
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant, under the trade name “D” in Seo-gu Daejeon, is a person engaged in a service business with 80 full-time workers, and is employed by the Defendant as U.S. dollars from Apr. 11, 2003 to Dec. 31, 201.

The retirement E’s total amount of KRW 1,071,00 and retirement allowances of KRW 1,808,380 in December 2010, including the payment of KRW 2,879,380 in aggregate within 14 days from the date of the retirement without an agreement between the parties on the extension of the due date, and the payment of KRW 3,14,15,16,24, 30 through 43, 45, 46, and 51 in the above workplace.

The retirement company did not pay the total amount of KRW 58,138,350 in December 2010 to 22 employees belonging to the said company, within 14 days from the date of the retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G and H;

1. Unpaid details (Twelve persons, including I);

1. Each letter;

1. Each statement of retirement allowance calculation;

1. To apply the details of overdue payments, a ledger of wages for twelve months, and the details of overdue wages to Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of imprisonment with prison labor chosen;

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 Act on the Suspension of Execution (C) of the Criminal Act provides that “The defendant shall work as U.S. dollars for the above company from November 22, 2001 to December 31, 201, for the following reasons: “The defendant shall work as U.S. dollars for the above company’s U.S. dollars” in the name of “D”, “D” in Seo-gu Daejeon, Daejeon, and 80 full time workers; “The defendant shall work as U.S. dollars for the above company from Nov. 22, 2001

He/she shall pay 12,283,970 won in total, and 11,056,970 won in wages and retirement allowances in December 2010 between the parties.

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