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(영문) 수원지방법원 안양지원 2015.09.03 2015고단775
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.

Reasons

Punishment of the crime

The defendant is the representative director of the Co., Ltd., which is in Sipo-si B 508, and is an employer who engages in manufacturing and construction business using 40 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 3,517,438 of the monthly wage of the retired workers D from February 1, 2004 to January 1, 2014 at the above workplace, and did not pay KRW 95,504,222 of the total amount of wages, etc. of three workers within 14 days from the date of occurrence of each cause for payment without an agreement on extension of the payment date between the parties concerned, as stated in the attached crime list.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 4,786,082 of the retirement allowances of retired workers E in the above workplace from March 24, 2008 to November 27, 2013 at the above workplace and did not pay KRW 26,521,142 in the annexed crime list, as stated in the “retirement Allowance” column, without any agreement on extension of the payment date between the parties concerned, within 14 days from the date of each retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of replacement of the police with F and G;

1. A copy of the F Document;

1. Details of overdue wages, average wages and retirement allowances, and each wage ledger;

1. Application of Acts and subordinate statutes to a report on investigation (revision of a list of crimes);

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of which payment of retirement allowances is not made);

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 (1) of the Criminal Act on the stay of execution (not planned crimes, but considering the fact that the defendant reflects his/her mistake);

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