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(영문) 대구지방법원 2014.08.22 2014고단210
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 director of the (State)C located in G of Gyeonglbuk-gun.

From November 1, 201 to July 31, 2013, the Defendant: (a) on May 5, 2013, 200,000 won of retired workers D; (b) on June 6, 2013, the amount of wages of KRW 3,000,000 for retirement allowances; (c) on July 7, 2013, the amount of retirement allowances of KRW 3,578,760 for retirement allowances; (d) on retirement allowances of KRW 15,99,90 for total sum of KRW 15,90 for retirement allowances of KRW 3,578,760 for retirement allowances; and (e) on extension of the date, the Defendant did not pay it within 14 days from the date of retirement without agreement.

In addition, the Defendant did not pay the total amount of KRW 27,893,755 of D, E, F’s wages, retirement consolation benefits, and retirement allowances, as described in the Schedule 1, 2, and 3 of Attached Crimes List 1, 2, and 3, within 14 days from the date of each retirement without agreement on the extension of the date.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to a petition (including a delegation letter) and a petition for delayed payment of wages;

1. Article 109(1), Articles 36, and 46(1) of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act includes a large number of criminal records identical to the defendant for the reason for sentencing, and the total amount of unpaid wages and retirement allowances is not significant. However, there are circumstances that the defendant recognized the facts charged in the instant case and reflects his mistake, the defendant paid unpaid wages to some workers after the crime, and the remaining amount of unpaid wages and retirement allowances are repaid, and there are no records of punishment other than fines, and the defendant's age, character and conduct, and other circumstances.

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