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(영문) 수원지방법원 2015.10.19 2015고단2691
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than two months.

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

(e).

Reasons

[Supplementary Provisions of the Illegal Check Control Act] The defendant was sentenced to a suspended sentence of one year on December 25, 2014 by the Suwon District Court for violating the Illegal Check Control Act on December 17, 2014 and the judgment became final and conclusive on December 25, 2014.

【Criminal Facts】

The Defendant is an actual operator of H, Inc. located in Osan-si, who runs retail business using 14 full-time workers.

The Defendant did not pay the total amount of KRW 10,754,960 and retirement allowance amounting to KRW 2,928,476 within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, as well as KRW 10,754,960, which had been employed from August 23, 2012 to August 1, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. Previous convictions in judgment: Inquiry of criminal records, inquiry reports, investigation reports (No. 20), application of statutes governing judgment;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Dismissal of Public Prosecution)

1. In the facts charged, the Defendant is an actual operator of H, which is located in G, and an employer who runs retail business using 14 regular workers.

The Defendant did not pay the wages and retirement allowances of Workers B, C, D, E, and F, within 14 days from the date of retirement, as described in attached Table 1, 3 through 6, as well as KRW 11,018,040 of wages and retirement allowances of 1,765,693 of workers B, who worked in the above workplace from July 10, 2013 to August 1, 2014, respectively, within 14 days from the date of retirement, as described in attached Table 1, 3 through 6.

2. As to the facts charged in the instant case, the violation of the Labor Standards Act against each of the above workers is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 109(2) of the same Act.

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