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(영문) 서울남부지방법원 2020.11.18 2020고단271

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, 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 Guro-gu Seoul Metropolitan Government building B or D, who is an employer who runs online education business, etc. using nine regular workers.

When an employee dies or retires, the employer shall pay him/her wages, compensations, retirement allowances, and other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is working from December 17, 2018 to March 31, 2019 at the above workplace.

As well as 1,761,040 won in March 2019 of retired workers E, 47,609,668 won in total, including 30,901,169 won in wages of 13 retired workers and 16,708,49 won in retirement allowances of 609,668 won in the attached Table of Crimes, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement E, F, G, H, I, J, K, L, M,O, P, and Q, including the statement statement statement of each police station to the defendant (Evidence List 84, 85, 92, 95);

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 of payment of retirement allowances); and

1. Selection of imprisonment with prison labor for each worker specified in Articles 40 and 50 (Attached Table 2, 4, 5, 7, 9, and 11 of the Criminal Act, for the violation of the Labor Standards Act, for the violation of the Guarantee of Workers' Retirement Benefits Act, for the violation of the Act on Guarantee of Workers' Retirement Benefits, and for the punishment prescribed by the Act heavier than punishment);

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the conditions of sentencing, including the Defendant’s age, character and conduct, environment and balance with similar cases, shall be determined as indicated in the disposition.

There are a large number of damaged workers, and unpaid.