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(영문) 수원지방법원 여주지원 2015.05.18 2014고단766
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six 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 LAC in Gyeonggi-do, who is a user who engages in construction materials wholesale and retail business using six full-time workers.

1. Notwithstanding that an employer violating the Labor Standards Act pays wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred when a worker dies or retires, the Defendant did not pay the said worker the total amount of wages of 343,500 won in September 1, 2009 to December 31, 2012, wages of 1,950,000 won in October 2012, wages of 1,950,000 won in November 2012, wages of 1,950,000 won in December 1, 2012, including 6,59,50,000 won in total as wages of 6,593,50 won in attached Table 1,593,50 won in December 1, 2012, and 3 workers including 34,293,630 days in total, and 630 days in exchange for an extension from the date of such payment.

2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act has paid retirement allowances within 14 days from the time when the cause for such payment occurred if an employee retires, but the Defendant did not pay the retirement allowances of 3,365,170 won, including 3,365,170 won from May 1, 2009 to December 31, 2012 at the above workplace, and 1., 2., 4. The same as the entry, did not pay the total amount of retirement allowances of 9,95,140 won to 3 workers within 14 days from the date of retirement without an agreement on extension of the due date for payment between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the details of each payment of benefits, each history inquiry, each payment of benefits, and each payment of retirement allowances;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 of the Criminal Act:

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