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(영문) 대전지방법원 천안지원 2016.06.10 2015고단1648
근로기준법위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant, as the representative director of the corporation B in Yangsan City, is an employer who employs fifty full-time workers and operates the factory automation facility business. The defendant was working from the above place of business on December 15, 200, and from the around December 14, 2013, he did not pay KRW 7,097,312 in total, 77,097,312 within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. The defendant A's partial statement in the second public trial record;

1. A protocol concerning the examination of partial police officers against the defendant A;

1. Part of the statement made by the police against D;

1. A partial complaint, a partial complaint, and a written complaint;

1. Application of Acts and subordinate statutes to guarantee the payment of some retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to a violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits);

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence shall be determined as the same as the disposition, in consideration of the fact that the defendant was committed in the course of and against his mistakes, the details and amount of delayed payment of wages, etc., and the fact that he had the record of being fined for the same kind of crime; and

The non-guilty part (the violation of the Labor Standards Act in relation to Defendant A, E, and the violation of the Guarantee of Workers' Retirement Benefits)

1. The summary of the facts charged is that the Defendant, as the representative director of the Company B (hereinafter “instant company”) located in the F in Yangsan City, employs 50 full-time workers and operates the factory automation facility business. The Defendant, from May 4, 201 to December 14, 201, worked in the said workplace, from around 13,279,30 won, annual allowances for retired workers D, and retirement allowances of KRW 141,584,863,351, including KRW 154,00,000,000,000 and KRW 154,863,351.

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