Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is an employer who employs ten full-time workers as a real representative of F in Yangyang-si E and operates newspaper publishing business.
1. The Defendant unpaid wages at the above workplace shall work from December 1, 201 to November 26, 2013.
With respect to retired workers G, 11,182,50 won in total as stated in attached Form 2, including the amount of wages of 1,200,000 won in September 201, 201, the amount of wages of 11,182,50 won in total has not been paid within 14 days from the date of each retirement, which is the date on which the cause for payment occurred, without any agreement on extension
2. The Defendant who has not paid a retirement allowance is employed from December 1, 201 to November 26, 2013 at the same place of business, as shown in attached Form 2, “The details of a retirement allowance in late payment.”
2,753,293 of retirement allowances for retired workers G was not paid within 14 days from the date of each retirement which is the date on which the grounds for payment occurred, without agreement between the parties to the extension of the payment period.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H and G;
1. Application of Acts and subordinate statutes to written complaint and petition;
1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of absence of liquidation of money or goods);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. As to the suspended sentence Article 62(1) of the Criminal Act, the sentence is to be determined, in light of the favorable circumstances, by taking into account the fact that there are two times the same records as the reasons for the sentencing of Article 62(1) of the Criminal Act, the number of overdue wages is not repaid even if the number of overdue wages is not significant, and the amount of overdue wages is deemed to be erroneous, and the amount of overdue wages occurred during detention is to be regarded as the amount of overdue wages, and as to
Public Prosecution Rejection Parts
1. The Defendant’s summary of the facts charged is full-time workers as the real representative of F (State) in Yangyang-si, Yangyang-si.