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(영문) 서울북부지방법원 2014.11.25 2014고단1797

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant employs about ten full-time workers and has operated Seongbuk-gu Seoul Metropolitan Government and 103 as a manufacturer of environmental facility and machinery.

"2014 Highest 1797"

1. The Defendant in violation of the Labor Standards Act did not pay an amount equivalent to KRW 29,361,440 of the total five wages, as shown in the attached Table of Crimes (including KRW 3,175,60, May 5, 2012, as well as KRW 29,361,440, within 14 days from the date of retirement, as shown in the attached Table of Crimes List, to the victim E, who was an employee employed by the said company from July 11, 201 to August 31, 2013.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay an amount equivalent to KRW 23,573,273 of total five retirement allowances as stated in the attached crime list, including KRW 7,764,710, a victim E, a worker who worked in the above company, as described in paragraph (1), within 14 days from the date of retirement without agreement between the parties on extension of the due date.

The Defendant, “2014 Highest 2629” from May 23, 2012 to May 31, 2013, the Defendant did not pay KRW 2,205,540 of the victim F retirement allowance of the retired employee, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

The Defendant paid KRW 2,760,274 of the Victim G retirement allowance from January 22, 2013 to February 28, 2014, who was employed by the said company, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, E, I, J, K and G;

1. Application of F's factual confirmation Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are the primary offenders, and all of the crimes were led to confession.