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(영문) 대전지방법원천안지원 2020.08.28 2018고단2035

근로기준법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd. who is engaged in automobile parts manufacturing business in Seoan-gu, Seoan-gu, Seoan City.

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

Nevertheless, the Defendant, at the foregoing place of business from September 14, 2010 to April 16, 2018, was serving as well as KRW 3,781,660 in total, retirement allowances of KRW 20,534,224 in attached Table 2, 5, 12, 14, 21 through 30, and 36 in addition to the list of crimes (No. 1,3,4, 6 through 11, 13, 15 through 20, 31 through 37 in the list of crimes) was revoked.

The total amount of 97,102,176 of wages and retirement allowances of 15 workers was not paid within 14 days from the date of each retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the E/F;

1. Each petition of G, H, I, J, K, L, M and N;

1. Application of Acts and subordinate statutes to the offender's territory, C retirement pay and benefit statement, the current status of unpaid C's retirement pay, C's retirement pay and delayed payment of wages;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

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

1. Selection of each sentence of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines [decision of types] shall be limited to the amount of wages, etc. to be paid [type 2] 50 million won or more, the amount of less than 100 million won [special-speed persons] [the scope of recommendations and recommendations] and the basic area of recommendation [the scope of recommendations and recommendations], and the result of adding up the amounts of imprisonment with prison labor for a period from 4 months to 1 year.