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(영문) 춘천지방법원 원주지원 2015.01.28 2014고단964
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is the representative of the (State)C in the nuclear city B, who employs nine full-time workers and operates a medical device manufacturing business.

When a worker retires, the employer shall pay the wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 18,75,267 of wages and retirement allowances of KRW 16,122,092 of workers D, who were employed in the said workplace from January 11, 2007 to January 31, 2014, within 14 days from the time when the cause for payment occurred without an agreement extending the due date for payment between the parties concerned, and did not pay KRW 85,43,270 in total and KRW 54,416,904 in total and KRW 54,416,90 in total as shown in the list of crimes in the attached Table, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the said Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

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 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [limited circumstances] None of the criminal records [Unjustifiable circumstances] (limited to wages in arrears and retirement allowances, the total amount of wages in arrears and retirement allowances of which exceeds KRW 140 million,00 won;

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