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(영문) 의정부지방법원 고양지원 2014.02.13 2013고단1177
근로기준법위반등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is an O-management owner of a corporation located in Ilyang-si N in Manyang-si, which is a user who operates textile manufacturing business using 25 full-time workers.

1. The Defendant in violation of the Labor Standards Act is working in the foregoing workplace from October 15, 2012 to January 24, 2013.

As stated in the [Attachment 1] 1, 2, 4, 7, 9, 10, 13, 14, 15, 16, 19, 21, 22, 270, 271 of the wages of 14 workers as stated in the [Attachment 1] 1, 2, 4, 7, 9, 10, 13, 14, 15, 16, 19, 21, 22, and 24, including the wage of 3,857,90 won for retired workers P, without any agreement

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act shall work in the above workplace from December 1, 2008 to December 31, 2012.

32,970,870 won of retirement allowances of Q Q, including 3,98,00 won, was not paid within 14 days from the date of retirement without any agreement on extension of the due date for payment between the parties concerned, as described in the [Attachment 2] Nos. 1,5,7,11, 12,13, 16, 18, and 20 of the retirement allowances of Q Q, including 3,98,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each special judicial police officer with respect to R and P;

1. Each written statement of S, T, Q, U, V, W, X, Z, AA, AB, and AC;

1. Each petition of S, T, Q, U, V, W, X, Z, AA, AB, AC, R, and P;

1. Application of Acts and subordinate statutes to a retirement allowance calculation statement, employment insurance details, benefit passbook details, benefit ledger, benefit statement, fact-finding certificate, such as telephone, average wage and retirement allowance statement, business registration certificate, and the results of each account transfer;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts, Articles 109 (1) and 36 of the Labor Standards Act, Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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 (the following conditions of sentencing) is as follows.

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