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(영문) 인천지방법원 부천지원 2016.11.04 2016고단432
근로기준법위반등
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, as the representative director of the (ju) EE in Kimpo-si D, is an employer who runs a manufacturing business using seven regular workers.

around July 15, 2014, the Defendant did not pay KRW 919,541, as well as KRW 28,745,643, and KRW 15,043,020 in total of F and G retirement allowances, as described in the attached crime list, at the same place of business, around July 15, 201, from around July 1, 201 to June 30, 201, and KRW 15,043,020 in total, as well as KRW 28,745,643, and G retirement allowances, as described in the attached crime list, within 14 days from the date of retirement without any agreement on extension between the respective parties.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Statement of the special judicial police officer given to F, G, and H;

1. Each petition of F and G;

1. Data related to unpaid wages and retirement allowances submitted by the petitioner;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of each sentence of imprisonment;

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

1. The portion concerning the rejection of prosecution under Article 62 (1) of the Criminal Act (i.e., the circumstance leading to the occurrence of a crime and the fact that there is no past record of criminal punishment exceeding the fine)

1. The summary of the facts charged is the (ju) EE representative director in Kimpo-si, who is an employer who runs a manufacturing business by making seven full-time employees. From July 29, 2013 to August 31, 2015, the Defendant did not pay KRW 6,265,762 to the employees C’s retirement allowances working at the aforementioned workplace within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

2. Applicable provisions to the facts charged: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act: Guarantee of Workers' Retirement Benefits.

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