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(영문) 대구지방법원 서부지원 2018.01.31 2016고단2601
근로기준법위반등
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As to the violation of the Guarantee of Retirement Benefits for Workers B and C in the judgment of the defendant, two months of imprisonment.

Reasons

Punishment of the crime

The defendant is the representative director of E, a corporation with the purpose of manufacturing machinery located in Gyeong-gun, Seongbuk-gun, and the employer who operated the above company from October 1, 2010 to November 30, 2016.

1. From July 1, 2015 to October 31, 2016, the Defendant violated the Labor Standards Act: (a) the Defendant did not pay KRW 14,000,000, totaling seven workers’ wages of KRW 7,000,000 in September 2016 and KRW 14,00,000 in October 2016; and (b) the Defendant did not pay KRW 49,621,670 in the attached list of crimes, as indicated in the “wages”; and (c) did not pay KRW 49,621,670 in total wages of KRW 7 workers within 14 days from the date of retirement without agreement on the extension of payment date between the parties.

2. The Defendant in violation of the Guarantee of Retirement Benefits for Workers was working from July 1, 2015 to October 31, 2016, and the Defendant did not pay KRW 9,352,459 of retirement allowances of retired workers F, and did not pay KRW 79,89,207 in total, as stated in the attached list of crimes in the attached list of crimes, within 14 days from the date of retirement without any agreement between the parties on the extension of payment dates.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F and G;

1. Each petition of G, B, H, I, J, K, and L;

1. A petition and a power of attorney;

1. Application of Acts and subordinate statutes concerning fact-finding, such as acquisition and reporting of investigation data and telephone;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

1. Article 40 and Article 50 of the Criminal Act for Commercial Concurrent Crimes (a punishment provided for in the provisions of the Labor Standards Act for the No. 1, 2, 4, 5, 6, and 7 listed in the list of crimes in the annexed crime list, between violations of the Labor Standards Act for the sake of the guarantee of workers' retirement benefits, and punishment provided for in the provisions of each Labor Standards Act for the violation

1. Selection of imprisonment with prison labor chosen;

1. Article 32, Paragraph 6 of the Act on Corporate Governance of Financial Companies for the Division and Determination of Concurrent Crimes [Attachment 8, 9] of the Act on Corporate Governance of Financial Companies for the violation of the Guarantee of Workers' Retirement Benefits for 8, 9 shall be the remainder.

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