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(영문) 대전지방법원 2017.12.01 2017고단3922
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is the representative of the CC in Sejong City (State) and is the employer who runs the industry.

사용자는 근로자가 사망 또는 퇴직한 경우에는 그 지급 사유가 발생한 때부터 14일 이내에 임금, 보상금, 퇴직금, 그 밖에 일체의 금퓸을 지급하여야 한다.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay wages of KRW 3,173,886 and retirement allowances of KRW 6,103,827 to workers D who retired from the said workplace from March 3, 2014 to April 24, 2017, for the extension of the payment deadline without agreement between the parties, 14 days have passed from the date of retirement without agreement between the parties. As stated in the list of crimes in the attached Table, the Defendant did not pay the total amount of KRW 63,205,288, total amount of retirement allowances of KRW 107,859,004 to 15 workers as well as the total amount of retirement allowances of KRW 107,859,000 from the date of retirement to 14 days from the date of retirement without agreement between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against the defendant;

1. Application of the Act and subordinate statutes of E, etc.:

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement benefits);

1. Articles 40 and 50 of the Criminal Act (for the victims other than the sequence 4, 17, and 18 of the Crimes List);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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