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(영문) 서울서부지방법원 2019.01.24 2018고단3337

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Criminal facts

The defendant is the representative of Mapo-gu Seoul Metropolitan Government D, who is a full-time worker and operates a video production service business using 13 full-time workers.

If a worker retires, the employer shall pay all money and valuables, such as wages, and retirement allowances within 14 days from the date of retirement, but the defendant did not pay the total of 42,683,433 won to four workers as stated in the attached list of crimes, within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of F, G, H and I

1. Relevant legal provisions concerning criminal facts: Articles 109 (1) and 36 of the Labor Standards Act (the point of payment of wages), and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of retirement allowances); and

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act (the offenses of violation of the Labor Standards Act by worker, the offenses of violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment imposed on the offenses of grave Labor Standards Act);

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

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act with respect to the worker F with the largest penalty);

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than four years and not more than six months;

2. Application of the sentencing criteria [Determination of types] There is no type (less than 50 million won) (less than 50 million won), such as wages, etc. (the area of recommendation and the scope of recommendation] of the basic area, and four months to eight months.

3. Determination of sentence: A portion of rejection of prosecution that, for four months of imprisonment with prison labor, one year of suspended sentence [limited to unsound circumstances] and one year of suspended sentence, there are circumstances that can be taken into account in the course of failure (limited to poor business conditions and not maliciously unpaid) and that there is no history of punishment exceeding the same kind of electricity and fine.

1. The Defendant of this part of the facts charged is Seoul.