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(영문) 수원지방법원 2014.06.12 2013고단3996
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a representative director of D Co., Ltd. who runs a comprehensive construction business using 20 regular workers.

The Defendant works at D Co., Ltd.’s place of business located on the third floor E in Gansi District around October 26, 2012, from June 8, 2009 to October 12, 2012.

From May 2012 to October 2012, 201, total of KRW 16,270,640, and total of KRW 340,080, retirement allowances, and KRW 20,767,410, including the money and valuables of KRW 410,00,00 from May 201 to October 201, were not paid within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as shown in the attached list of crimes (except for No. 2 in order). In addition, the sum of money and valuables for four retired workers was not paid within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Each police statement made to G, F, and H;

1. Application of Acts and subordinate statutes of the I;

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

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

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

1. The portion of dismissing public prosecution in accordance with Article 62 (1) of the Criminal Act (including the fact that it reflects the fact that there is no past record of punishment heavier than that of the suspension of execution, and the fact that money and valuables have been paid in the form of the late

1. The summary of the facts charged is the representative director of D Co., Ltd., who is an employer managing a comprehensive construction business with 20 full-time workers. The defendant works at the D Co., Ltd.’s business place with 3rd floor E in Gansi District around August 14, 2012, and work from around July 30, 2009 to July 31, 2012, such as attached Table 2.

The total amount of C's wages and retirement allowances of 19,713,380 won shall be extended between the parties to the case.

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