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(영문) 부산지방법원 2018.03.29 2017고단6366
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is an employer who operates a manufacturing business using six full-time workers under the trade name of D in Young-gu Busan Metropolitan City C.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from August 16, 2002 to June 6, 2017, the Defendant did not pay wages of 902,400 won, retirement allowance 21,061,97 won, and retirement allowance 21,061,97 won, from May 16, 2004 to June 7, 2017 to 963,400 won, retirement allowance 19,418,239 won, and retirement allowance 19,418,239 won, and from December 16, 2004 to 7, 2017 to 997,70 won, including total wages, retirement allowance 18,27,60 won, and 33 employees including total wages, retirement allowance 61,571,579, and 146 days from each of the parties to retirement without agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to a petition or accusation;

1. 범죄사실에 대한 해당 법조 ◎ 근로 기준법위반의 점: 각 근로 기준법 제 109조 제 1 항, 제 36조 ◎ 근로자 퇴직 급여 보장법위반의 점: 각 근로자 퇴직 급여 보장법 제 44조 제 1호, 제 9조

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

1. Selection of each sentence of imprisonment;

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

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended punishment] The basic area (not less than 50 million won, less than 100 million won) (4 to 1 year) shall not be paid, such as wages: The basic area (not more than 50 million won, less than 100 million won): there is no one-class increase in the type of concurrent crimes (a person who is subject to special sentencing) as a result of combined crimes (a decision of sentencing

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