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(영문) 의정부지방법원 고양지원 2015.03.13 2014고단2647
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a user who runs a furniture manufacturing business using 13 full-time workers under the trade name of “(D) D” in the case of Pakistan.

The Defendant, while working in the said workplace from August 16, 201 to March 15, 2014, did not pay KRW 10,884,280 in total, including the amount of KRW 1,971,00 and retirement allowances of KRW 8,913,280, as well as the amount of KRW 10,884,280 in total, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date between the parties concerned, and did not pay KRW 101,078,890 in total for nine workers as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations to E, F, G, H, I, J, K, L, and M (a statement in the evidence list appears to be simple);

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where taxes are not paid as retirement allowances);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment on each victim's violation of the Labor Standards Act and each victim's violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment on each victim's violation of the Guarantee of Workers' Retirement Benefits Act, with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the majority of the victims, the amount of damage is high, and the fact that there is a power of the same kind and similar in the past is disadvantageous.

However, the execution of the instant crime shall be suspended only once in consideration of the circumstances in which the instant crime was committed, and there is room for compensating the victims for civil damages in the real estate auction procedure, the defendant is against the defendant, and the defendant's gender, age, and economic circumstances are considered.

order for any reason above.

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