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(영문) 울산지방법원 2014.09.04 2014고단507
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

The defendant is the representative of the Dagricultural partnership in Yangsan C who runs the wholesale and retail business of agricultural products.

The Defendant, while working for the said company from June 1, 2013 to September 30, 2013, did not pay 3,900,000 wages of retired workers E within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

In addition, the Defendant did not pay the amount of 15,00,000 won in arrears for 21,358,253 workers of the above company's wages of 21,358,253 workers of 15,258,253 as well as the amount calculated by deducting 15,00,000 won in arrears for 2,56,875 workers of 2,481,670 won in unpaid retirement allowances of 23,915,128 won in total, including the amount calculated by deducting 4,924,795 won in unpaid retirement allowances to 9 workers of 23,915,915,128 won in unpaid wages for 9 workers of 43,839,923 won in unpaid wages and retirement allowances for B and the amount calculated by deducting 19,924,795 won in arrears between the parties concerned for an extension of the payment period.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Each statement of H and I;

1. Application of the Acts and subordinate statutes to each written complaint and petition;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not performed);

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 fact that the number of employees in arrears with the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is eight, the number of employees in arrears with the reason for sentencing, and the amount of wages in arrears is not repaid to the name of approximately twenty-three million won, etc. shall be determined as per the disposition, in consideration of circumstances under which the defendant had no previous conviction and is making efforts to pay damages through the auction, etc. of the company building

1. Parts of the dismissal of prosecution;

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