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(영문) 서울동부지방법원 2018.08.30 2018고단1136

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is a representative director of H (ju) located in Songpa-gu Seoul Metropolitan Government 301, who runs a construction business with 25 full-time workers.

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

Nevertheless, the Defendant did not pay the amount of KRW 3,764,00 in May 7, 2017, the monthly wage of KRW 251,00 in retirement pay, KRW 6,410,60 in retirement pay, KRW 6,608 in retirement pay, and KRW 4,593,135 in retirement pay of the LaborJ from March 1, 2016 to June 1, 2017 without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statement;

1. Written complaints by I and J;

1. Application of the Act and subordinate statutes to a true telephone statement (Evidence No. 20)

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts (a violation of the duty to liquidate money or goods), subparagraph 1 of Article 44 of the Guarantee of Retirement Benefits for Workers, and Article 9 of the same Act (a violation of the duty to liquidate money or goods);

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

1. Selection of an alternative fine for punishment;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The amount of unpaid wages, etc. is not significant, and the defendant has been punished for a violation of the Labor Standards Act: The defendant reflects and repents his/her mistake, and most of the unpaid wages, etc. are paid to workers; the defendant's age, sex and behavior, environment, motive, means, and consequence of the defendant's crime of this case; circumstances before and after the crime of this case; and the records of this case are prescribed under Article 51 of the Criminal Act.