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(영문) 부산지방법원 2019.01.23 2018고단4403
근로기준법위반등
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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 is a user who operates the clothing manufacturing business using ten full-time workers under the trade name of “C” in Busan-gu, Busan-gu.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant, while working in the company from June 17, 2012 to December 31, 2017, did not pay the total amount of KRW 1,400,000,000 for the monthly wage of July 2017 of his/her retired worker D, and the wage of KRW 1,40,000 for September 2017, and the wage of KRW 1,288,000,00 for October 2017, and the monthly wage of KRW 1,456,00 for November 2017, and KRW 1,176,720,000 for the total amount of wages for December 1, 2017, and KRW 7,000 for the retirement allowance of KRW 7,00,000 for the total amount of KRW 7,000 for the retirement allowance and KRW 7,084,716 for each of the parties concerned within 187 days from the date of the agreement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of D police statement;

1. A written petition;

1. Application of Acts and subordinate statutes to the detailed statement of unpaid money and goods, average wages and retirement allowances for each individual;

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, applicable to criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Criminal Act regarding community service order;

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