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(영문) 대전지방법원 2015.09.23 2015고단2181 (1)
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On April 11, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and three years of suspended execution in Busan District Court's branch branch branch branch branch, and the judgment was confirmed on April 19, 2014 and is still

【Criminal Facts】

The defendant is a person who operates a mutual company called E Co., Ltd. with 40 full time workers in Daejeon Seo-gu D.

1. An employer in violation of the Labor Standards Act, when a worker dies or retires, shall pay wages, compensations, and other money or valuables within 14 days from the date when the cause for such payment occurred, but the Defendant did not pay 59,128,186 won in total, 59,186 won in total, as shown in the attached crime list, including 468,495 won in October 27, 2006, which was worked at the above E Co., Ltd. from December 27, 2006 to May 6, 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

B. An employer in violation of the Guarantee of Workers' Retirement Benefits Act did not pay the retirement allowance within 14 days from the date of the occurrence of the cause for such payment, notwithstanding the fact that the employee retired from office, the Defendant did not pay the total of 25,078,789 won of the three employees as stated in the attached crime list, including the amount of retirement allowance of the employee F, who worked at the above E Co., Ltd. from December 27, 2006 to May 6, 2015, as stated in the attached crime list, including KRW 9,004,393.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of F, G, and H;

1. A written petition;

1. Records before judgment: The application of the Acts and subordinate statutes to the defendant's legal statements and criminal records investigation;

1. Article 109 (1), Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where wages are not settled after retirement);

1.Article 40 of the Criminal Code of Trade and Trade.

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