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(영문) 서울동부지방법원 2014.05.15 2013고단2788

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative of Songpa-gu Seoul Metropolitan Government D, who is engaged in the robot manufacturing business with eight full-time workers.

The defendant shall work at the above workplace from November 1, 2006 to January 20, 2013.

42,644,129 of retirement allowances for retired FF was not paid within 14 days from the date of occurrence of the cause for payment without agreement between the parties to the extension of the due date, and the relevant parties did not pay 108,376,629 of the delayed payment for five persons, such as F, etc., as described in the Schedule of Crimes, within 14 days from the date of occurrence of the cause for payment without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Written complaints or statements of G, H, I, J, and F;

1. Application of Acts and subordinate statutes to each payment note, each retirement allowance calculation statement, each copy of resignation, a report acquired with show data (the details of transactions, copies of the employment contract) and a report obtained with show data, each average wage, and each retirement allowance calculation statement;

1. Article applicable to criminal facts;

(a) Point of each failure to liquidate wages: Articles 109(1) and 36 of the Labor Standards Act;

(b) Unpaid retirement benefits: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act.

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act is large enough and the amount of unpaid wages and retirement allowances has not been paid to workers until now, Defendant should be punished strictly. However, Defendant was the primary offender, Defendant failed to pay wages, etc. due to business deterioration due to failure to receive payments from clients, and Defendant failed to pay wages, etc. shall be determined as ordered by taking into account the sentencing conditions under Article 51 of the Criminal Act.