beta
(영문) 서울중앙지방법원 2018.04.30 2018고단84

근로기준법위반등

Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant in arrears of wages and retirement allowances is the representative director of Seocho-gu Seoul Metropolitan Government D (ju) E, who is engaged in publishing and regular publication advertising agency business using 15 full-time workers.

The Defendant worked for the said company from August 10, 2015, and on April 30, 2017, paid KRW 32,457,794, including KRW 1,166,66, and KRW 1,777,743, on April 30, 2017, of F of Workers F retired on April 30, 2017, as indicated below, for eight workers, including KRW 8,83,303,302, and total of KRW 23,624,492, as indicated in the daily list of crimes, did not pay KRW 32,457,794 within 14 days from the date on which the grounds for payment occurred, without any agreement on the extension of the payment date between the parties.

2. On January 16, 2017, when concluding a labor contract as the representative director of Seocho-gu Seoul Metropolitan Government DE (ju), the Defendant did not deliver to G a document specifying the above contents while concluding a labor contract with G, while clearly stating the wages, prescribed working hours, holidays, annual paid leave, and other working conditions to the worker, although the Defendant, as the representative director of Seocho-gu Seoul Metropolitan Government DE, did not deliver to G a document stating the above contents when concluding a labor contract with G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, H, I, G, J, and K;

1. Each written complaint of L or M;

1. Application of Acts and subordinate statutes to each benefit ledger, details of each refund, receipts collecting each source of retirement income, each labor contract, each average wage, and each retirement allowance calculation statement;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed in the relevant Act, subparagraphs 1 and 9 of Article 44 of the Act on Guarantee of Retirement Benefits for Workers, and Articles 114 subparag. 1 and 17 of the Labor Standards Act (a point of failing to issue a labor contract);

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

1. Selection of each sentence of imprisonment with prison labor (limited to a violation of the Guarantee of Workers' Retirement Benefits);

1. Article 37 (former part of Article 37, Article 38 (1) 2 and 3, and Article 50 (Article 50) of the Criminal Act for the aggravated punishment of concurrent crimes (Article 38 (1) 2 and 3) of the Act on the Guarantee of Workers' Retirement Benefits and the issuance of labor contracts