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(영문) 서울중앙지방법원 2018.07.18 2018고단982

근로기준법위반등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【The Defendant was sentenced to two years and six months of imprisonment for a crime of fraud, etc. on October 24, 2007 at the Jung-gu District Court Goyang Branch, which was sentenced to two years and six months of imprisonment for a crime of fraud at the Jung-gu District Court on September 8, 2008, which was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the same court on October 17, 2008. On January 29, 2010, the Defendant was sentenced to six months of imprisonment for a crime of breach of trust at the same court on March 15, 2014. On July 18, 2017, the Seoul Southern District Court sentenced eight months of imprisonment for a crime of violation of the Labor Standards Act at the Seoul Southern District Court on July 26, 2017, and the above judgment became final and conclusive after being sentenced to imprisonment with prison labor from the Central District Court on September 12, 2018.

【Criminal facts】 The Defendant is an actual operator of Gangseo-gu Seoul Metropolitan Government Company C, who runs a small aircraft transportation business using 30 full-time workers, and is the E representative director of the Seoul Yeongdeungpo-gu, the E representative director of the company located in Yeongdeungpo-gu, Seoul, who runs a business consulting business using 2 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked in C and E from July 13, 2015 to April 1, 2017, and did not pay 226,35,325 won in total as wages of 20,631,045 won, including wage of 20,631,00 won from June 2016 to March 2017, as shown in the separate crime list, as indicated in the separate crime list, within 14 days from each retirement day on which the cause of the payment occurred, without any agreement on the extension of the day of payment between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for Workers shall, in case where the worker retires, occur; and