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(영문) 춘천지방법원 영월지원 2013.11.26 2013고단427
근로기준법위반등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative of "D" located in Thai City, who employs 10 full-time workers and operates automobile maintenance business.

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

Nevertheless, on June 1, 2013, the Defendant did not pay KRW 7,500,00 in total and KRW 6,738,550 in total and KRW 7,00 in retirement pay of retired workers E, and KRW 6,738,550 in total, within 14 days from the date of occurrence of the cause for payment without agreement on the extension of the due date, as shown in the attached list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to the specifications of unpaid benefits, average wages, and a statement of calculation of retirement allowances;

1. Article 44 subparagraph 1 of the relevant Act on the Guarantee of Workers' Retirement Benefits and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 109 (1) and 36 of each Labor Standards Act on criminal facts;

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

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are trying to sell real estate owned by the Defendant to pay the unpaid wages and retirement allowances to the employees. The Defendant’s old age is a large amount of the Defendant’s punishment in light of the following: (a) the Defendant’s total amount of unpaid wages and retirement allowances up to 240 million won; (b) the Defendant does not place a statutory restraint in order to provide an opportunity to pay the unpaid wages and retirement allowances; and (c) the sentence is set as the order.

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