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Reasons
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(영문) 의정부지방법원 2014.12.16 2014고단1187
근로기준법위반등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is an employer who operated (ju) Do, a landscaping facility manufacturer and installation company in Spocheon-si. From June 14, 2005 to November 9, 2012, the Defendant did not pay the amount of KRW 11,022,640 of E’s wages and retirement allowances of KRW 16,734,630 of E’s retirement allowances and KRW 41,427,50 of the two workers’ wages and retirement allowances as shown in each of the annexed crimes list, as shown in the annexed crimes list, within 14 days from the date of retirement without any agreement between the respective parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Each complaint (E, F);

1. Application of Acts and subordinate statutes to the calculation statement of average wages and retirement allowances [No. 29, 30 of the evidence record], details of transactions in each passbook [No. 2, No. 33 through 88 of the evidence record, No. 104 through 116], detailed statement of benefit [No. 2, No. 101 through 103 of the evidence record];

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, each of the relevant laws on criminal facts;

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

1. Selection of each sentence of imprisonment with prison labor (to take into account the fact that the amount of unpaid wages and retirement benefits is not specified);

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

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act (including the following facts: (a) the financial standing of a customer is aggravated due to his/her failure to receive the outstanding amount from the customer during the operation of the company; (b) the closure of the business by authority; (c) the Defendant appears to have committed the instant crime; and (d) the Defendant was aware of

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