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(영문) 인천지방법원 2020.10.21 2020고단852

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative of Bupyeong-gu B Co., Ltd., in Incheon, who runs a manufacturing business using 45 full-time workers.

1. Where a worker dies or retires, the employer violating the Labor Standards Act shall pay all the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant provided labor at a workplace from September 7, 2016 to November 8, 2019, and retired from the workplace, including KRW 8,737,175 in total, including KRW 1,776,60 in December 2, 2018, and KRW 15 in total, 192,171,483 in the separate sheet of crime, as shown in the separate sheet of crime, did not pay 14 days from the date of each retirement without agreement on extension between the parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits shall, if a worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred;

Nevertheless, the Defendant provided labor at a workplace from March 6, 2012 to October 31, 2019, and paid 75,252,034 won in total, including 4,98,323 won of E-Retirement Allowance retired from office from March 6, 2012 to October 31, 2019, respectively, within 14 days from the date of each retirement without an agreement on extension of the due date between the parties.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused’s legal statement F, the statement of the representative respondent against G prepared by each appellant, F, and the statement of each respondent for delayed payment of wages prepared by E, the average wages and the calculation of retirement allowances;

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

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 crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is 15 and more than one year from the date of retirement.