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(영문) 대전지방법원 논산지원 2014.12.16 2014고단250
근로기준법위반등
Text

1. The defendant shall be punished by imprisonment for six months;

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

3.

Reasons

Punishment of the crime

The defendant is the representative director of L, a corporation located in Chungcheongnam-gun, who has employed approximately 30 full-time workers and operated domestic waste collection and transportation business.

1. The Defendant in violation of the Labor Standards Act was engaged in work in the U.S. dollars from March 14, 2005 to November 8, 2013 at the above workplace, and did not pay wages of 17 workers within 14 days from the date of retirement without agreement between the parties to each extension of the payment period, as stated in the attached Table Nos. 3 through 5, 12, 13, 15, 17 through 19, and 21 through 24, including the sum of 4,796,090 won for the portion of October 3, 2013 of the retired workers M, and the amount of wages of 97,260 won for the portion of November 203.

2. The Defendant in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits was engaged in accounting, etc. from March 1, 2012 to November 8, 2013 at the foregoing workplace and did not pay KRW 24,763,330 in total of wages from April 1, 2012 to November 201, 2013 and KRW 28,085,510 in total, as well as KRW 3,322,180 in total, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer on M,O, and N;

1. Application of each relevant statute to each relevant written petition, the details of arrears, each relevant benefit ledger, the wage agreement in 2013, the details of the money and other valuables in arrears by the petitioner, the details of passbook transactions, the average wages and retirement allowances calculation;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed under the relevant Act, main sentence of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of duties of liquidation of wages);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades in violation of the Labor Standards Act with respect to workers N and in violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of imprisonment with prison labor chosen;

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

1. The overdue wages for sentencing under Article 62(1) of the Criminal Act and the suspended sentence.

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