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(영문) 대구지방법원 2015.07.14 2015고단1337
근로기준법위반등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a user who runs a safe manufacturing business using ten full-time workers under the trade name of (ju) C in Daegu Northern-gu. B.

1. The Defendant violating the Labor Standards Act is working as a factory site from April 1, 2013 to November 30, 2014 at the same workplace.

As indicated in Nos. 1 through 10 and 12 of the 2014, 39,287,954 won, including the wage of 1,60,000 won in July 2014, was not paid for the retirement worker to 14 days after the date of retirement without any agreement on extension between the parties.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act is working in the above workplace.

The retirement allowances of retired workers D, including 4,620,440 won, did not pay 13,017,160 won in total for three retirement allowances of retired workers within 14 days from the date of retirement without any agreement between the parties to the extension of the payment date, as stated in the attached Table Nos. 1, 2 and 11.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police complainants (representatives) against D;

1. Application of Acts and subordinate statutes to each labor contract and a detailed statement of overdue money and valuables;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades that violate the Labor Standards Act concerning Workers D and E, and that violate the Guarantee of Workers' Retirement Benefits Act);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - Unfavorable circumstances: Along with the previous conviction of the same fine and the suspension of the execution of a sentence, etc., the defendant's age, character, conduct, health conditions, home environment, motive, means, consequence, circumstances after the crime, etc.

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