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(영문) 인천지방법원 부천지원 2016.12.15 2016고단1975
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 the representative director of Kimpo-si C Co., Ltd. located in Kimpo-si, who is an employer engaged in fishery products distribution business using three full-time workers, and the defendant was working at the above workplace and was on March 19, 2016, and 5.4 million won of D wages of retired workers around March 19,

7.6.A worker E’s wage of KRW 8.1 million, F’s wage of KRW 18.6 million, retirement allowance of KRW 5,234,983, which was retired on the same day, did not each pay within 14 days from the date of each retirement without any agreement between the Parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D, F’s written statements (List 4, 5), and Appellant List (List 3);

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;

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

1. Imprisonment with prison labor for choice of punishment;

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 (a) of the suspended execution does not seem to be unpaid due to confession, reflectivity, first offense, intention, or bad faith, and a substitute payment was made to the above workers, each of three million won of the substitute payment was made to the above workers, and the defendant deposits each two million won of the above workers);

1. Social service order under Article 62-2 of the Criminal Act;

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