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(영문) 광주지방법원 목포지원 2014.02.06 2013고단1328
근로기준법위반등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a user who runs a D Co., Ltd., a cargo transport company located in Yong-nam Cancer Group C.

1. Violation of the Labor Standards Act;

A. From August 8, 2011 to March 2, 2013, the Defendant did not pay KRW 1,332,270 of his/her retired workers E to the said company for 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties concerned, and did not pay KRW 56,869,253 of the total wages of 18 workers retired while working in the said company as described in the wage table in the separate crime list, and did not pay KRW 14 days from the date of his/her retirement without agreement on the extension of the payment date between the parties concerned.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 2,758,147 of retirement allowances of retired workers E in the company from August 8, 201 to March 2, 2013 without agreement on the extension of the payment date between the parties concerned, and did not pay KRW 45,185,194, total amount of retirement allowances of 13 retired workers who worked in the company as stated in the separate list of crimes in the separate list of retirement allowances, and did not pay KRW 14 days after the date of retirement without agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. The application of the relevant laws and regulations to the statements in the form of H, I, J, K, L, M, N,O, and P;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Payment of each wage: Articles 109(1) and 36 of the Labor Standards Act; and

(b) The fact that each retirement allowance is unpaid: Subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act.

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

1. Part concerning the dismissal of public prosecution under Article 62 (1) of the Criminal Act (including the absence of force from punishment);

1. The summary of the facts charged is from June 16, 2012 to February 23, 2013.

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