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(영문) 창원지방법원 통영지원 2018.01.11 2017고단219
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.

(e).

Reasons

Punishment of the crime

The defendant of "2017 Highest 219" is a business owner who runs a vessel vessel operation processing business (water pipeline installation) using 50 full-time workers under the trade name D within C (State) located at macro-si B.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 34,810,251 in total amount of wages of 15 retired workers within 14 days from the date of each retirement without any agreement between the parties on the extension of payment deadline, as stated in the list of crimes attached hereto, as well as KRW 2,279,670, retired as an employee, while working for the said company as an employee from August 1, 2015 to September 7, 2016.

2. From August 1, 2015 to September 7, 2016, the Defendant violated the Act on the Guarantee of Retirement Benefits for Workers and did not pay KRW 27,371,315 in total for eight retired workers, including KRW 4,147,984, retired retirement allowances, as stated in the list of crimes attached hereto, within 14 days from each retirement date, without any agreement on the extension of payment period between the parties concerned.

Summary of Evidence

"2017 Highest 219"

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, H, and I;

1. Report on acquisition of investigative data (the daily work of October 16.01/04/10, the daily wage ledger of October 16.01/04/10);

1. Business registration certificate, details of the settlement of retirement allowances, and statement of accounts of retirement allowances;

1. Details of confirmation of facts, such as telephone;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. There is no basic area (six months to one year) (referring to six months to one year) of the basic area (referring to a person subject to special sentencing) of two types (five million won or more, or less, and less than one hundred million won), including the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court;

2. Determination of sentence:

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