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(영문) 서울남부지방법원 2014.08.14 2013고단4771

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2013 Highest 4771] The Defendant is a user who employs 12 full-time workers as the representative director of C in the second 1006 of the Guro-gu Seoul Metropolitan Government building B, and engages in software development business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay wages and retirement allowances within 14 days from the date of retirement without an agreement on extension of the payment date with employees, such as the attached Table 1 No. 2 and 5.

(A) Of the facts charged in the instant case, the part as to each worker listed in No. 1, 3, 4, 6, and 7 of the annexed Table 1 among the facts charged in the instant case was dismissed as a result of the revocation of a public prosecution. [2014 high group923] The Defendant is an employer as the representative director of the said stock company C. The Defendant did not pay wages and retirement allowances within 14 days from the date of retirement without an agreement on extension of the due date, as shown in attached Table

Summary of Evidence

[2013 Highest 4771]

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A detailed statement on overdue money and valuables (2014 highest923);

1. Defendant's legal statement;

1. Application of respective Acts and subordinate statutes of F, G and H;

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. To set the sentence as ordered in consideration of the fact that there is no record of performing the same kind of crime with the reason for sentencing under Article 62(1) of the Criminal Act, the amount of money and valuables in arrears, the number of victimized workers, the period of overdue payment