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(영문) 수원지방법원 안산지원 2015.11.11 2014고단2537
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative of the D in Ansan-si, a member C5b905, who is a user of household manufacturing business using 45 full-time workers.

1. The Defendant in violation of the Labor Standards Act, from August 16, 2012 to October 31, 2013, did not pay the total of KRW 15,000,000 to workers E who provided labor at the aforementioned workplace within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned, and did not pay the total of KRW 246,277,373 to workers 53 within 14 days from the date of each retirement without any agreement on the extension of the payment date between the parties concerned as shown in the attached list of crimes.

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act, from August 16, 2012 to October 31, 2013, the Defendant did not pay KRW 3,585,295 of retirement allowances to workers E who provided labor at the aforementioned workplace within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned, and did not pay KRW 132,861,121, total amount of retirement allowances to workers 26 within 14 days from the date of each retirement without any agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act appears to have led to the confession and reflect of the crime of this case, but it is recognized that the amount of damage of this case is very large and there are many victims, and even after the auction procedure on the real estate owned by the defendant, the victims are generated.

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