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Reasons
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(영문) 인천지방법원 2013.06.27 2013고단2085
근로기준법위반등
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A defendant shall be punished by imprisonment for not less than five months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employer who employs 20 full-time workers in Bupyeong-gu Incheon Metropolitan City and operates a manufacturing company under the trade name of “stock company D”.

1. The Defendant, such as wages, did not pay KRW 26,215,915 of E’s wage at the workplace from January 5, 2006 to February 28, 2013, without agreement on the extension of the payment deadline, and did not pay KRW 66,314,027 in total, including wages, etc. for seven workers, within 14 days from the date on which the cause for payment occurred without any agreement on the extension of the payment date.

2. At the same time, the Defendant, as described in paragraph (1) above, did not pay the retirement allowance of KRW 6,836,443 to E, and did not pay the retirement allowance of KRW 17,902,002 to three employees within 14 days from the date of occurrence of the cause for payment without any agreement on extension of the due date for payment, and did not pay the retirement allowance of KRW 6,836,443 to E within 14 days from the date of occurrence of the cause for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written appeal and written statement;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning criminal facts: Articles 109 (1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

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

1. Suspension of execution: It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (i.e., the fact that the defendant reflects the fact, the reason why the payment is unpaid, the fact that some damages are likely to be recovered due to substitute payment, the amount of damages, and

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