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(영문) 의정부지방법원 2021.02.04 2020고정1581

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 an employer who runs a construction business using 16 full-time workers as a representative director of the Heung-gu B building and D (ju) in Yong-si B building and C.

1. The Defendant violated the Labor Standards Act: (a) worked at the construction site at the E site located in both cities located in the same workplace from January 21, 2019 to June 2, 2020; (b) and (c) did not pay KRW 6,670,000 for the total wages of eight retired workers within 14 days from each retirement date without agreement on the extension of the payment deadline between the parties concerned, as indicated in the attached list of crimes, including KRW 380,00.

2. From January 21, 2019 to June 2, 2020, the Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay 49,767,227 won, including 5,615,756 won of retirement allowances of retired workers, within 14 days from the date of each retirement without any agreement between the parties on the extension of payment period, as stated in the list of crimes in the attached crimes committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. A written statement submitted by H and I;

1. Inquiry into history of each employment insurance;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes concerning confirmation of facts, such as telephone;

1. Since the contents of the relevant provision of the Labor Standards Act applicable to criminal facts are the same as before and after the amendment of the Act, the former Act does not apply separately.

Articles 109(1) and 36 (out of payment of wages), Article 44 Subparag. 1 and 9 of the Guarantee of Retirement Benefits for each worker (out of payment of retirement wages)

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes the instant facts charged and misleads the Defendant.