beta
(영문) 서울중앙지방법원 2017.08.31 2017고단75

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a user who runs a real estate-related business under the trade name of Seocho-gu Seoul Metropolitan Government (State)C.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, from January 16, 2015 to August 17, 2016, the Defendant did not pay the total of KRW 26,260,654 of the wages of 20,949,456 and retirement allowances of 5,311,198 to 8 of the same year from February 16, 2016 to 20,94 of the retired workers D within 14 days from the date on which the cause for payment occurred, without an agreement on extension of the payment deadline.

In addition, the Defendant did not pay total of KRW 43,696,281, including two workers, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without agreement on extension of payment period, as stated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of E and D;

1. Each employment contract;

1. 개이 녈 체불 내역서

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that part of the wages in arrears have been paid to workers D with reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the failure of business was caused by the failure of business, and that there was no previous conviction in excess of the fine, etc.