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(영문) 의정부지방법원 2015.07.31 2014고단2455
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.

annex.

Reasons

Punishment of the crime

[Attachment 2014 Highest 2455] The Defendant was an employer operating food machinery manufacturing business (main owner)D located in Scheon-si C and did not pay 37,120,380 won as wages of December 30, 2013, which were paid from August 30, 2010 to March 31, 2014, wages of 1,876,30 won on January 2, 2014, wages of 5,923,460 won on March 2, 2014, including wages of 2,170,060 won, retirement pay of 7,62,430 won, retirement pay of 5,923,460 won on March 3, 2014, and retirement pay of 37,120,380 won as wages and retirement pay from each party to retirement without agreement on the extension of the due date.

"2015 Highest 804"

1. The Defendant violated the Labor Standards Act, at the foregoing workplace, did not pay KRW 21,543,015 in total wages from August 2, 2010 to May 9, 2013, from May 2013 to July 14, 2014, from July 21, 2014 to February 2, 2015, and paid KRW 3,030,030 in the attached Table 3 as well as KRW 21,543,015 in total wages 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 KRW 2,237,326 of the F's retirement allowances retired from the said workplace until February 2, 2015, to the lapse of 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

"2014 Highest 2455"

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecutor to the prosecution;

1. Statement made by the police;

1. Each written statement of G, E, and H: "2015 Height804";

1. Defendant's legal statement;

1. Application of F’s written Acts and subordinate statutes;

1. Article 109(11) 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. The number of criminal records of the same kind of crime chosen to imprisonment with prison labor is available;

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