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(영문) 의정부지방법원 고양지원 2014.04.25 2013고단1512
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 of "(State)D" in "P at the time of strike, who is an employer who manufactures and leases election vehicles using five regular workers.

From November 8, 2012 to December 31, 2012, the Defendant is working in the same workplace.

Retired E’s wages of KRW 4,650,00,00 each of the wages of KRW 4,650,000 for each of November 2012 and December 2012, and KRW 9,30,000 for each of them, and labor at the same workplace from September 27, 201 to December 31, 2012.

As from June 2012 to December 2012, 2012, wages of 2,50,000 won and retirement allowances of 3,095,590 won and total of 20,595,590 won and working at the same workplace from February 10, 2012 to April 10, 2012, each of which is seven months.

On March 2012, G retired workers’ wages and retirement allowances totaling KRW 9,000,000, totaling of KRW 7,000,000 for wage of April 2012 and KRW 38,895,590 for retirement workers’ wages and retirement allowances, including the total of KRW 9,00,000 for wage of KRW 2,00,000, were not paid respectively within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Each legal statement of F, H, E, and G;

1. Details of arrears;

1. Application of Acts and subordinate statutes on a copy of contracts for business affairs;

1. Selection of imprisonment (to choose imprisonment in consideration of the economic leisure of the accused) with prison labor under Articles 109(1), 36 of the Labor Standards Act, subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts;

1. Articles 40 and 50 (F) of the Criminal Act concerning the ordinary concurrent crimes, between a violation of the Labor Standards Act, a violation of the Guarantee of Workers' Retirement Benefits Act, and a punishment provided for a violation of the Labor Standards Act with heavier criminal penalty);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act concerning the largest amount of F)

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62(1) of the Criminal Act (see, e.g., the amount of overdue wages in arrears and the background leading up

1. The alleged defendant is a representative director in the form of D.

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