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(영문) 서울중앙지방법원 2016.08.31 2015고단321

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is an employer who ordinarily employs five workers under the trade name of "C" in Gangnam-gu Seoul Metropolitan Government B building 202 and conducts advertising agency business.

When a worker retires, an employer shall pay the wages, compensations, and other money and valuables within 14 days thereafter, and where the worker retires, an employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 40,733,330 as wages and retirement allowances of KRW 2,03,575 as wages and retirement allowances of KRW 40,733,330 as wages and retirement allowances of KRW 2,033,575 as of May 201, 201, and monthly wage of KRW 2,50,00,00 from June 1, 201 to August 2012, and KRW 2,575 as of September 2, 2012.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances, the statement of transfer of wage account, and the statement of delayed payment of money and valuables;

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. The Defendant had a record of punishing three times a fine for the same crime as the instant crime, the Defendant’s unpaid wages, etc., the Defendant escaped after being tried, and the Defendant made efforts to pay unpaid wages and retirement allowances to victimized workers;

When considering the fact that there is no extenuating circumstance to see the defendant's age, sex, family environment, motive and circumstance of the crime, the circumstances after the crime, etc., all the sentencing conditions as shown in the arguments shall be determined as ordered.