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(영문) 광주지방법원 순천지원 2018.11.15 2018고단1124 (1)

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative of C in the net City B, who is a full-time worker, and operates laundry business using 25 workers.

The Defendant did not pay KRW 1,086,960 and retirement allowance of KRW 14,81,381, and retirement allowance of KRW 14,81,381 of D who worked from September 6, 2002 to February 28, 2018, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline, as shown in the list of crimes in the attached Form, and did not pay KRW 11,04,600 in total of the unpaid annual leave allowances of 11,04,60, and 164,097,369 in total for the unpaid leave allowances of 11,00 and workers within 16 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. List of workers, a detailed statement of wages, a copy of a passbook of wages, a detailed statement of unpaid retirement allowances, a statement of accounts of retirement allowances, and the allowances not used on annual leave;

1. Application of each relevant statute;

1. Article 109 (1), Article 36 (Payment of Wages) of the Act on the Standards for Workers' Retirement Benefits, and Article 44 subparagraph 1, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes do not have any record of being punished for the same kind of crime, and all of the instant crimes are recognized and reflected, etc. are favorable factors for sentencing.

However, there are unfavorable factors for sentencing, such as the fact that the amount of unpaid wages and retirement allowances is significant, the number of damaged workers is majority and the defendant is punished.

In addition, the sentence of imprisonment with prison labor shall be imposed as ordered in consideration of all the sentencing conditions shown in the records of this case, including the defendant's age, sexual conduct, history of punishment, and circumstances after the crime, but the court shall not be bound to give an opportunity to recover damage.