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(영문) 창원지방법원 진주지원 2015.09.23 2014고단988
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 the representative of the C Co., Ltd. located in Dong-dong-gun B and is an employer who employs 15 full-time workers and conducts electrical construction business.

1. The Defendant in violation of the Labor Standards Act did not pay the monthly wage of KRW 4,20,00,000, monthly wage of KRW 200,000, KRW 2000, KRW 200,000, and KRW 25,200,000, and the bonus of the Gu administration of 2014, respectively, to March 16, 2012 through March 13, 2014, by failing to pay the monthly wage of KRW 2,70,000,000 from August 17, 2011 to February 31, 2014 to workers who were engaged in design and supervision as design and supervision; the Defendant did not pay the monthly wage of KRW 2,70,00,000, KRW 2,000, KRW 2013, KRW 2014, KRW 31,204, KRW 205,2315,204, respectively, within each of the parties’ retirement bonuses.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 11,021,640 of D retirement allowances and KRW 6,015,200 of E retirement allowances who were employed as design supervision as a result of design supervision from April 16, 201 to March 31, 201, and paid KRW 17,036,840 in total as two workers 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. Defendant's legal statement;

1. Statement of each special police officer to D and E;

1. Application of each document for calculation of average wages and retirement allowances, details of passbook transactions, and copies of bankbooks;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and the choice of punishment, respectively, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment, respectively;

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

1. The total amount of wages and retirement allowances in arrears paid by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is a large amount of money corresponding to 67 million won.

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