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(영문) 광주지방법원 2017.11.16 2017고단3814
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who operates a building B in Gwangju North-gu and a stock company in 202.

2. The Defendant in violation of the Labor Standards Act did not pay KRW 9,196,40,00 of the wages of retired workers D within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as shown in the attached crime list, as well as the payment of KRW 16,234,070 in total for workers D and E, as in the attached crime list, within 14 days from the date of retirement, without any agreement on the extension of the payment period between the parties concerned.

3. From November 1, 2010 to August 31, 2015, the Defendant violated the Act on the Guarantee of Retirement Benefits of Workers, while serving in the said workplace and failing to pay KRW 14,808,759 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned, and did not pay KRW 18,863,295 in total for workers D and E retirement allowances within 14 days from the date of retirement, as shown in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to reports on labor supervision;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts (a point of payment of each wage), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of each retirement allowance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (a) provides that a small amount of KRW 4 million shall be paid to workers E, the payment of overdue wages and retirement allowances in arrears to workers D, the payment of the remainder of wages, etc. while managing the company, and the fact that there was no criminal history prior to the instant case, and that there was no criminal history.

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