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(영문) 대전지방법원 천안지원 2014.10.30 2014고단442
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.

(e).

Reasons

Punishment of the crime

The defendant is the representative of Ha in the Dong-gu, Dong-gu, Dong-gu, Dong-gu, and is the employer who operates the business of manufacturing free production facilities using 25 full-time workers. If a worker dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred. However, from May 10, 2013 to the same year.

6. From May 2013 to May 2013, 2013 by WorkersJ, who retired while performing supplementary work for machinery and equipment and logistics lines until December 27.

6. As indicated in the table of crime Nos. 1 through 6, 11, and 12, the wages of eight workers including the total of KRW 99,498,359 and the retirement allowances of KRW 6,04,821, and the total of KRW 105,543,180 have not been paid within 14 days from the date of retirement without an agreement between the parties relating to the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each authenticity statement to J and K;

1. Each statement of L, M, N,O, and P;

1. Qua’s petition;

1. Application of the relevant Acts and subordinate statutes for submission of a schedule for the payment of unpaid benefits to retired workers and full-time workers;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where each retirement pay is not paid at the time of sales);

1. Articles 40 and 50 (M, N,O and J respectively violation of the Labor Standards Act and between violations of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each sentence of imprisonment;

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

1. Although the form of crime is minor in that the amount of wages and retirement allowances which have not been paid the reasons for sentencing under Article 62(1) of the Criminal Act, and the number of workers who have not been paid wages, etc. is not smaller than that of the above crimes, the Defendant is starting all of the crimes with no criminal history, and pays wages, etc. due to temporary business deterioration.

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