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(영문) 의정부지방법원 2020.01.21 2019고단1866
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four 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

Punishment of the crime

The defendant is the representative of C in both weeks, who is an employer who employs ten full-time workers and operates a recycling category export business.

1. On February 6, 2016, the Defendant violated the Labor Standards Act is serving as a member of the above company.

D’s wage of KRW 3,100,000 on January 31, 2019, which was retired on January 31, 2019, was not paid within 14 days from the date on which the cause for the payment occurred, without agreement between the parties on the extension of the due date.

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act, as seen above, did not pay KRW 32,703,660 as retirement allowance for two retired workers, including KRW 9,064,591 as well as KRW 4,66 (part of retirement allowance) per year, as well as KRW 32,703,660 as retirement allowance for two retired workers, within 14 days from the date on which the cause for the payment occurred, without agreement between the

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement, written petition, average wages, and written statement for calculation of retirement;

1. Application of Acts and subordinate statutes to details of overdue money and valuables;

1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages), Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution exceeds 35 million won, the amount of unpaid wages and retirement allowances exceeds 35 million won, the criminal records of the defendant have the same criminal records, the circumstances in which the defendant failed to pay wages and retirement allowances, the defendant seems to have endeavored to pay wages and retirement allowances, the fact that the defendant has no criminal records exceeding a fine, and the defendant has no criminal records other than the fine, and the punishment shall be determined as ordered in consideration of the conditions of sentencing specified in the arguments of this case, such as the age, character and environment of the defendant

Public Prosecution Rejection Parts

1. The defendant is guilty of the facts charged.

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