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(영문) 수원지방법원 2014.02.05 2013고단3314
근로기준법위반등
Text

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

Reasons

Punishment of the crime

The Defendant is an employer who is engaged in the medical business as the president of the E Institute located in Suwon-si, Suwon-si, and the above member is working as a clinical sergeant from February 13, 2012 to January 10, 2013.

Wages of retired workers F, including 12,162,470 won, did not pay 250,551,460 won in total and 30,637,610 won in total and 11 retirement allowances of 52 workers as shown in the attached list of crimes in the attached list of crimes, within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Each copy and written statement of H, I, J, K, H, M, M, N, P, Q, R, M, U, G, V, W, X, Y, F, Z, AB, AC, AE, AE, AF, AH, AH, AI, AJ, and AK;

1. Application of Acts and subordinate statutes to a detailed statement of calculation of each retirement allowance, each statement of payment of annual salary, and each annual salary payment ledger;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the point of not paying retirement allowances and the choice of imprisonment);

1. Considering that there are many workers who did not receive the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, and the unpaid wages, etc. exceed 280 million won in total, the defendant has no criminal record other than a fine once, and the defendant has committed a crime, and there is no other criminal record other than a fine, and the motive, means, and result of the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, and family environment, etc., it is inevitable to sentence the defendant as ordered in the above order.

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