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(영문) 수원지방법원 성남지원 2014.08.14 2013고단1498
근로기준법위반등
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A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

The Defendant is an employer who runs the wholesale and retail business of agricultural and fishery products by employing 30 full-time workers as an actual manager of the C Co., Ltd. in Hanam-si.

The Defendant worked in the foregoing workplace from November 21, 201 to January 31, 2013, and did not pay KRW 115,839 of his/her retired worker D's wages for October 2012, 2012, the wages of 1,729,106 won for November 2, 2012, the wages of 1,738,980 won for December 2, 2012, the wages of 338,515 won for annual paid leave, the total amount of KRW 4,575,986 won and KRW 467,955 won for retirement benefits, and did not pay KRW 167,275,275,95 won for retirement benefits within 14 days from the date of payment without agreement between the parties to the payment, and did not pay KRW 1636,275,275,27,285,27,285, respectively, within the number of 166 days, 167,27

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to the calculation statement of average wages and retirement allowances, and pay ledger;

1. Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act (the point of payment of wages), Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and the main sentence of Article 9 (the point of payment of retirement allowances) concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, a sentence shall be imposed on the defendant, taking into consideration the following: (a) no data can be found to prove that the damage was recovered even though multiple workers with reasons for sentencing under the former part of Article 37, Article 38(1)2, or Article 50 of the Criminal Act suffered a large amount of damage; and (b) the defendant did not appear on the date of trial and caused the unknown state of whereabouts

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