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(영문) 수원지방법원 안양지원 2015.02.27 2014고단283
근로기준법위반등
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A defendant shall be punished by imprisonment for one year.

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

The defendant is the representative director of the E-building Dispute Resolution Co., Ltd., 508, and is an employer who operates water pollution prevention facilities and medicine manufacturing business using 40 full-time workers.

【Defendant 2014 Highest 283】 From April 18, 2012 to July 7, 2013, the Defendant did not pay 80,138,260 won in total, including 843,188 won in June 2013 of the retired workers F, and 1,2,4 through 6,10,12,14 through 16, including 105,131,226 won in total, 185,269,486 won in total, including 10 workers’ wages and retirement allowances, such as wages, etc., 10, and 105,131,238,260 won in total (i.e., 3,78,156 won in 13,194, 194, 184, 25364, 265, 385, 1964, 365, 1965

【2014 Highest 283】 The Defendant did not pay KRW 27,049,238 of money, valuables, and retirement allowances, such as wages, etc. of two workers, within 14 days from each retirement date without agreement on the extension of the payment date, as stated in the attached Table 2, including KRW 1,775,410, July 7, 2013, G of retired workers, who were employed in the company from September 17, 2012 to November 30, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each authentic statement of H, I, J, K, L, M, N, F, and G production;

1. Application of each Act and subordinate statute of theO, P, and Q;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of which payment of retirement allowances is not made);

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 amount which has not been paid for sentencing under Article 62 (1) of the Criminal Act shall be large amount or for the recovery of damage;

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