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(영문) 서울중앙지방법원 2017.07.19 2017고정813

근로기준법위반

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On April 28, 2017, the Defendant was sentenced to imprisonment for a violation of the Act on the Regulation of Similar Receiving Acts at the Seoul Central District Court, which became final and conclusive on May 9, 2017.

The defendant is a person in charge of the division of the five-story building in Gangnam-gu Seoul Metropolitan Government, who operates a loan business by using three full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 2,50,00 on October 10, 201 with respect to D who retired from office as of July 16, 2010 to February 1, 2012, wages of KRW 2,500,000 on November 2, 2011, KRW 2,50,000 on December 2, 2011, KRW 11,430,000 on January 2, 2012, KRW 1,50,000 on retirement allowances, KRW 1,430,430, KRW 535 on retirement allowances, and KRW 11,430,535 on August 2, 201 to October 31, 201, KRW 10,000 on retirement allowances of KRW 30,50,010 on May 31, 205, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Written opinion;

1. Records before judgment: Application of the defendant's legal statements Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The latter part of Article 39 (1) of the Exempted Criminal Act (in cases where the defendant has received a judgment concurrently with the crime in which he/she concurrently commits a concurrent crime after Article 37 of the Criminal Act, equity, etc. with the case where he/she has received a judgment