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(영문) 춘천지방법원 강릉지원 2016.03.17 2015고단501
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On May 15, 2014, the Defendant was sentenced to a suspended sentence of two years on October 10, 201, due to an obstruction of auction in the original branch of the Chuncheon District Court, and the judgment was finalized on May 26, 2014.

The Defendant was the actual operator of the hotel E located in 3rd time, who is employed by 22 full-time workers and run hotel accommodation business.

1. An employer in violation of the Labor Standards Act has paid wages, compensations, and all other money and valuables within 14 days from the date on which the reason for such payment occurred, but the Defendant did not pay 18,693,254 won in total, including 670,00 won on April 4, 2014 of the worker F who retired while working in the said workplace from the said workplace from July 4, 2002 to April 8, 2014, including 670,000 won, and 18,693,254 won in total, such as F, and 14 days from the date of each retirement without an agreement on the extension of the payment period between the parties.

2. An employer in violation of the Guarantee of Retirement Benefits for a worker has retired from office within 14 days from the date on which the reason for such payment occurred, but the Defendant did not pay 25,174,65 won of the above F F's retirement pay, including 25,174,65 won, and 89,986,685 won of the total amount of 10 retirement allowances of F such as F's retirement pay as in the following attached crimes (2) Nos. 10 through 19 of the daily table of crimes (2) within 14 days from the date of each of the parties' retirement pay.

Summary of Evidence

1. Statement by the defendant in court;

1. Detailed statement on the calculation of each complaint, petition, average wages and retirement allowances, and annual paid leave allowances;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on confirmation of the period of suspension of execution against A of a suspect);

1. Article 109(1) and Article 36 of the Act on the Standard of Work for the Prevention of Criminal Facts, the Act on the Protection of Workers’ Retirement Benefits, and Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits;

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