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(영문) 의정부지방법원 고양지원 2016.12.22 2015고단1500
근로기준법위반등
Text

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 became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the representative director of F Co., Ltd. E in Sejong-si, who runs a construction business with 15 regular workers.

1. Violation of the Labor Standards Act;

A. On May 15, 2014, the Defendant issued a notice of dismissal to G and H, an employee who had worked from April 15, 2013 at the above company, and on May 25, 2014, the Defendant dismissed the above employees on May 25, 2014, and paid KRW 3,334,00,000 to G and H as each pre-paid allowance, but did not pay it.

B. The Defendant, while working as an employee from December 2, 2013 to May 31, 2014 at the foregoing company, did not pay KRW 22,651,825 in total, five retired workers, as indicated in the attached crime list, as well as KRW 6,00,00,00, which was retired from office, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 42,675,985 won, including 3,329,506 won of retirement allowances of J, which he/she retired from office, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period between the parties concerned, as stated in the attached crime list, as well as 3,329,506 won of retirement allowances of J, which he/she retired from office.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of the defendant;

1. Each police statement concerning I, G, H, K, L, and M;

1. Written statements of J, N, andO;

1. Investigation reports;

1. Application of Acts and subordinate statutes to the data on internal investigation (integrated with the evidence that the respondent P is the representative in the name of the P), the data on internal investigation (Evidence data concerning the dismissal of the respondent G and H);

1. Article 110(1) and Article 26 of the Labor Standards Act, Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, each of the relevant laws on criminal facts;

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

1. Imprisonment with prison labor chosen;

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