logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.02.08 2017고단2721
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2017 Highest 2721" is the representative of L Co., Ltd. located in Hasung City, who is engaged in the manufacturing industry by using 12 full-time workers.

When a worker dies or retires, an employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant worked in the above workplace from September 26, 2016 to September 30, 2016, and retired M's wages of 1,341,720 won on September 30, 2016 and did not pay the total of three workers' wages from July 1, 2014 to October 10, 2016, including the total of 9,57,790 won and 7,984,032 won of retired P's retirement pay from the above workplace, such as P and Q part, within 11,25,390 won from the date of retirement without agreement on extension of payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of P, N, Q and M;

1. Each statement of P,O, N, and M;

1. Confirmation of facts, such as each telephone ofO, P, M, Q, and N;

1. Application of Acts and subordinate statutes to the binding of data on internal investigation affairs, the acquisition of data on internal investigation affairs, and reports on arrears;

1. Article 109(1), Article 36 of the Labor Standards Act (which means the failure to liquidate gold), Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the failure to pay gold) concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. The facts leading to the crime of sentencing under Article 62(1) of the Criminal Act, the number of victimized workers, the amount of unpaid wages, etc., the considerable number of prosecuted-related workers expressed their intention not to punish, and the defendant has the same criminal records or suspended execution.

arrow