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(영문) 의정부지방법원 고양지원 2016.05.24 2015고단1954
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is an employer who runs the wholesale and retail business of household goods using 40 full-time workers as the actual operator of the corporation C in the case of Pakistan.

1. The Defendant in violation of the Labor Standards Act did not pay 56,98,590 won, including D’s wages of 1,100,000,000, retired as well as 56,98,590 won, within 14 days from the date of retirement, without any agreement on the extension of the payment period between the parties concerned, as shown in the list of crimes attached hereto, while serving as an employee from the above company from June 2, 2014 to December 6, 2014.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) worked as an employee at the place of business indicated in the preceding paragraph from May 19, 2014 to May 31, 2014; (b) and (c) did not pay KRW 5,924,90,00 in total for four retired workers within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned, as stated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written appeal and each written statement;

1. Application of the relevant statutes to the detailed statement of each benefit, detailed statement of calculation of each retirement allowance, and detailed statement of delayed payment;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed by the relevant Act, and the main sentence of Article 44 and Article 9 of the Act on Guarantee of Retirement Benefits for Workers;

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. Sentencing prescribed in Article 62(1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than four years and not more than six months;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and

3. Two years of stay of execution for six months of imprisonment with prison labor for a decision of sentence (the details and result of the crime, the fact that the defendant has no criminal records of stay of execution or more, and other factors such as the age, sex, criminal records and relationship

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