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(영문) 수원지방법원 2017.05.31 2017고단1396
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, as a representative of C in the U.S. B, is a worker D, worker E, and worker F as a representative in the U.S.

1. An employer in violation of the Labor Standards Act has paid all money and valuables, such as wages, within 14 days from the date of retirement, to September 30, 2015, including 1,443,340 won in August 1, 2015, and 10,17,507 won in total for three workers as stated in the list of the crimes in the attached Table of the crime, unless agreed by the parties concerned, to the employee D, who worked in the above C, within 14 days from the date of retirement, unless agreed by the parties concerned.

2. An employer who violates the Act on the Guarantee of Retirement Benefits of Workers has not paid retirement allowances within 14 days from the date of retirement, unless agreed by the parties concerned, even though the Defendant paid retirement allowances within 14 days from the date of retirement, the Defendant did not pay the total amount of KRW 20,401,018 as well as KRW 53,884,493 as well as the total amount of retirement allowances to three workers as stated in the list of crimes in the attached crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act or subordinate statute of D, E, or F

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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. Sentencing is not applicable inasmuch as the reasons for sentencing in Article 62(1) of the Criminal Code of the Suspension of Execution are mutually concurrent crimes.

The defendant did not have to pay the amount to workers due to the crime of this case for a considerable period of time, and it seems that the mental suffering suffered by workers would not have been significant, and he/she led to confession.

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