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(영문) 서울서부지방법원 2013.12.05 2013고단2192

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant of Yongsan-gu Seoul Metropolitan Government is an employer who runs a construction business with 20 full-time workers under the trade name of "C stock company" in Yongsan-gu Seoul Metropolitan Government.

The defendant from January 2012 to the same year

9. Until 30.30, the employer did not pay the total of KRW 9,299,480 for D's wages and retirement allowances for 6 workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties, and did not pay the total of KRW 85,840,590 for 6 workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

The defendant of Yongsan-gu Seoul Metropolitan Government is a full-time worker of 20 full-time workers in the name of "C stock company" in Yongsan-gu Seoul Metropolitan Government.

The Defendant, while working in the said workplace from September 26, 201 to December 14, 2012, did not pay KRW 14,528,460 in total, including KRW 12,373,410 and retirement allowances of KRW 2,15,05,050, as well as KRW 14,528,460, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment date.

Summary of Evidence

[2013 Highest 2192]

1. Defendant's legal statement;

1. Each written petition (written statement) filed by the F, G, D, H, I, and J;

1. Unpaid benefit details, a retirement allowance statement, a benefit statement, a benefit passbook, a benefit ledger, and a business registration certificate; and

1. Details of confirmation of fact, such as telephone, etc. [2013 order3057];

1. Defendant's legal statement;

1. E statements;

1. Business registration certificate, details of unclaimed money and other valuables, and application of statutes;

1. Relevant criminal facts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment with prison labor;

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

1. Suspension of execution: The reason for sentencing under Article 62(1) of the Criminal Act (the following reasons for sentencing).