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(영문) 전주지방법원 군산지원 2016.11.09 2016고단601
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On October 16, 2015, the Defendant was sentenced to imprisonment for one year with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the Daejeon District Court, which became final and conclusive on June 4, 2016.

【Criminal Facts】

The defendant is the employer who runs the manufacturing business of accusation work vehicles by employing 15 full-time workers as the representative of the (State)C in the following City:

When a worker dies or retires, an employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, and may extend the due date by mutual agreement between the parties concerned, in special circumstances.

Nevertheless, from November 8, 2012 to October 31, 2015, the Defendant retired from the said workplace and did not pay KRW 2,800,00 on February 2, 2015, wages of 1,094,007 won on April 2, 2015, wages of 2,80,000 won on June 6, 2015, wages of 2,80,000 won on August 8, 2015, wages of 2,80,80,000 won on September 2, 2015, wages of 2,80,000, retirement allowances and retirement allowances of 8,157,354 won on October 1, 2015, and KRW 23,251,361 on the date of payment between the parties without agreement on the extension between them.

Summary of Evidence

1. Defendant's legal statement;

1. A petition for E works;

1. A detailed statement of calculation of average wages and retirement allowances, and a statement of arrears;

1. Labor contract documents and wage payment ledger;

1. Previous records: References to criminal records and the application of a copy of each written judgment;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order include the amount of unpaid wages and retirement allowances in the instant case, the developments leading up to the failure to pay, and other Defendant’s age, occupation, environment, and criminal history.

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