logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2013.05.15 2012고단834
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant, in violation of the Labor Standards Act, is the representative director C of a corporation mainly engaged in manufacturing business of ordinary machinery located in Haan-gun, Haan-gun

The Defendant had worked in the above workplace from February 1, 2012 to August 31, 2012, and retired from the workplace, but did not pay to the employee 13 the total amount of wages of KRW 71,397,170 in total to 14 days after the date of each retirement, as stated in the “detailed statement of individual unpaid money and valuables (1)” in the attached Form, including the fact that the employee D did not pay KRW 5,210,000 for the total amount of wages of June 2012 and July 2012 without an extension of the due date, until 14 days after each retirement date.

2. The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay the retirement allowance of KRW 3,84,095 in total to six workers, as shown in the “detailed statement of unpaid money and valuables (2) for each individual,” including the fact that the employee E retired from the workplace C, a stock company, from January 1, 2011 to February 28, 2012, but that he did not pay the retirement allowance of KRW 3,84,095 in total to 6 workers within 14 days from the date of each retirement, as described in the “detailed statement of unpaid money and valuables (2)” in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of F, G, H, D, I, J, K, L, M, N, P, E, Q, R, and S;

1. Application of each statute of D, F, R and P

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts; Articles 31 and 9 of the former Act on the Guarantee of Workers' Retirement Benefits (Amended by Act No. 10967, Jul. 25, 201); Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits

1. Articles 40 and 50 of the Criminal Act for each of the ordinary concurrences (a violation of the respective Labor Standards Act on I, N, and P, and a violation of 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. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Act was not paid to the victims.

arrow