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(영문) 수원지방법원 안양지원 2016.10.18 2015고단1886
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is the representative of the D Co., Ltd. in Gunpo City C, who is the employer.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred, but the defendant is working at the above workplace from January 1, 200 to June 26, 2015.

The retirement E’s total amount of bonuses, including KRW 2,484,798, total amount of wages of KRW 6,413,751, total amount of retirement allowances of KRW 49,407,560, and total amount of KRW 58,306,109, including KRW 2,484,79,753, and KRW 6,413,751, in July 2014, did not pay KRW 58,306,109 within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, and did not pay KRW 321,97,724, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A true E statement;

1. Application of the final Acts and subordinate statutes to the details of overdue money and valuables;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of which payment is not made separately);

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing under Article 62(1) of the suspended sentence - Circumstances favorable to him/her: The fact that the defendant has recognized his/her mistake, the defendant is the initial offender

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