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(영문) 광주지방법원 2018.04.12 2016고단1647
근로기준법위반
Text

Defendant

B A person shall be punished by imprisonment for not less than three months.

However, the above sentence against Defendant B for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2] Defendant B, from around 2013 to around 2013, is a person who runs a construction business by employing 7 full-time workers of the I Co., Ltd. from around 2013 to the actual operator of the I Co., Ltd.

1. The Defendant violating the Labor Standards Act did not pay KRW 232,460,00,00,000 from June 25, 2012 to October 27, 2015, as well as KRW 26,419,760, in total, of the wages, etc. of four workers (J, K, L, and M) in the attached crime list 2 No. 9,13 through 15, without any agreement on the extension of the payment period between the respective parties, within 14 days from the date of retirement, without any agreement on the extension of the payment period between the respective parties.

2. The Defendant in violation of the Act on the Guarantee of Workers’ Retirement Benefits did not pay KRW 8,321,90 of retirement allowances under the LaborJ (Attachment Table 2 No. 9 No. 9) of the said company from June 25, 2012 to October 27, 2015, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to M and N;

1. Written statements of J, L and K;

1. A statement of the settlement of retirement benefits;

1. Details of benefits, a detailed statement of notice of insurance premiums for each individual, a detailed statement of transactions, details of calculation of notice of health insurance, and application of the labor contract (including abnormal M-related

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant facts constituting an offense (a point of payment of each wage, etc.), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of each retirement allowance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to a violation of the Labor Standards Act to Workers J and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each sentence of imprisonment;

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

1. Confession of the reasons for sentencing under Article 62(1) of the Criminal Act is the confession.

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