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(영문) 창원지방법원 통영지원 2016.12.08 2016고단1217
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 the representative of E located in D Co., Ltd. in Gyeongnam-si, and is an employer who runs a vessel processing business by employing 136 full-time workers.

1. From July 4, 2013 to February 29, 2016, the Defendant violated the Labor Standards Act, while taking charge of transporting and signalling at the above company, did not pay retirement workers 114 wages, bonuses, annual allowances, annual allowances of KRW 1,196,00, annual allowances of KRW 1,196,80, annual allowances, and annual allowances of KRW 1,196,80 in attached Table 1 to 5, 8, 12 through 15, 17 through 21, 23 through 62, 64 through 68, 70 through 78, 82 through 88, 82 through 88, 96, 9 through 117, 119, 121 through 136, and did not pay retirement workers 14, annual allowances, annual allowances of KRW 371,57 days from the date of payment without agreement between the parties concerned.

2. From July 4, 2013 to February 29, 2016, the Defendant violated the Guarantee of Workers' Retirement Benefits Act, including KRW 7,322,94, F's retirement allowances retired from the said company, and did not pay KRW 1,5,8,12 through 15, 17, 19 through 21, 23, 25, 27, 28, 32, 33, 35 through 41, 43, 46 through 49, 51, 52, 57 through 60, 64 through 67, 70, 72 through 73, 84, and 43, a total of KRW 181,61,276, within 14 days from the date of each agreement between the parties on retirement without any extension of the payment period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A complaint and a petition;

1. Details of personal delinquent money and goods, the ledger of wages, and the statement of accounts of retirement allowances;

1. Application of Acts and subordinate statutes to report on investigation data;

1. 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, and Article 109(1) and Article 36 of the same Act concerning facts constituting an offense, and the choice of imprisonment with labor;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act

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