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(영문) 창원지방법원 마산지원 2013.06.12 2013고단254
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 the representative director and operator of C, a corporation mainly engaged in the manufacturing business of power generation facilities, etc. in the Haak-gun, Hanam-gun B.

1. The Defendant in violation of the Labor Standards Act did not pay 60,384,491 won in total, including wages, to eight workers who worked and retired from the said workplace, as stated in the sequence 2, 4, and 10 of the attached Table 2, 4, and 10 of the amount of delayed payment for each individual.

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act did not pay the total amount of KRW 76,913,424 of retirement allowances to eight retired workers who worked in the above workplace and paid the total amount of KRW 76,913,424 of retirement allowances to 14 days after the date of each retirement, as stated in the sequence 2, 4, and 10 of the

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. A complaint;

1. Application of the detailed statement of personal arrears, calculation statement of retirement allowances, wage ledger, year-end tax settlement Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act on criminal facts; Articles 31 and 9 of the former Act on the Guarantee of Workers’ Retirement Benefits (Amended by Act No. 10967, Jul. 25, 201)

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is recognized that the sum of the wages and retirement allowances that the defendant paid to the victims exceeds 100 million won and did not reach an agreement with the victims, but the defendant acknowledged his mistake in the confession of the crime of this case. The defendant agreed with the most workers before the indictment and agreed with the four employees in this court, and it seems that there seems to be the guidance for additional damage recovery in the future, and considerable parts of the wages in arrears, etc. are paid by substitute payment under the Wage Claim Guarantee Act.

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