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(영문) 울산지방법원 2014.06.27 2014고단568
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, as the representative of the C Company and D Company in Tong Young-si, is an employer who runs the vessel rental and processing business.

The Defendant, while working in the pertinent workplace from April 30, 2012 to May 8, 2012, did not pay KRW 633,260 to retired workers E within 14 days from the date of his/her retirement without an agreement on extension of the due date between the parties concerned.

In addition, the Defendant did not pay 86,614,506 won for 24 employees of the company as well as 15,167,690 won for retirement allowances for 8 employees, 101,782,196 won for 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F, G, H, and I;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts and Articles 109(1) and 36 of the applicable law, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances) - Selection of imprisonment with prison labor

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

1. The suspended sentence of imprisonment shall be selected by taking into account the fact that there are a majority of workers who have not been paid the corresponding wages in both forms under Article 62(1) of the Criminal Act, and that the unpaid wages, etc. are the maximum amount of KRW 100 million;

However, the execution of the sentence shall be suspended in consideration of the fact that the defendant was punished for violation of the Illegal Check Control Act and the Road Traffic Act except for the punishment, and there is no criminal power, and the difficulty in management of the company seems to result in the crime of this case, and community service shall be added for a considerable period of time in consideration of the amount of unpaid

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