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(영문) 청주지방법원 2020.06.18 2019고단1560

근로기준법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has operated a motor vehicle parts manufacturing business E (ju) by employing about 30 full-time workers in Heak-gu Seoul Metropolitan Government D.

1. The Defendant in violation of the Labor Standards Act did not pay 10,091,190 won, during the above-mentioned period of workers F, who worked at the above company from February 1, 2017 to April 11, 2019, as well as 31,293,660 won, in total, for workers F, and G’s wages in arrears as stated in the details of the attached money and valuables in arrears, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 9,450,890 won, including 3,147,290 won of the worker F’s retirement allowance at the time and place specified in paragraph (1), and 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F and G respective written statements and the Acts and subordinate statutes;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109 (1) and 36 of the relevant Act on the Selection of Punishment, etc., Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid),

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

1. Although the amount of wages and retirement allowances that have not been liquidated within the statutory deadline for the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the Defendant was unable to do so, the Defendant’s mistake is against the depth. The Defendant’s payment of overdue wages and retirement allowances to the victimized workers with dividends in the auction procedure against the obligor E was made, and there are circumstances to consider the delayed payment of wages, etc., including the Defendant’s age, character, occupation, occupation, environment, circumstances after the crime, and wages to the employees belonging to E, etc.