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(영문) 의정부지방법원 2020.05.19 2019고단675

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual operator of the I Co., Ltd. I in Pyeongtaek-si H who operates a building management service business using 30 full-time workers.

1. On January 1, 2017, the Defendant violated the Labor Standards Act: (a) as indicated in the attached Table No. 2, 5, 9, and 11 (excluding part of retirement allowances) of the Labor Standards Act, including KRW 2,035,560 in December 2017 of the Labor Standards Act for employees L, who worked at K in the jurisdiction of the Council of the Government of the Republic of Korea after joining the said company and worked until December 31, 2017, the Defendant did not pay KRW 9,704,460 in total for five employees within 14 days from the date of occurrence of each cause for the payment, without any agreement between the parties on the extension of the due date.

2. On January 1, 2017, the Defendant violated the Guarantee of Workers' Retirement Benefits Act, including the retirement allowance of KRW 1,515,708 to employees' directors, who were employed in N in Speaker M and worked until December 31, 2017, and the retirement allowance of KRW 3,029,909 to two retired workers, as shown in the attached crime list (part of retirement allowance) in the attached Table, did not pay the same within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Defendant's legal statement;

1. The authentic statement concerning B;

1. Written statements of P andO;

1. Each petition and each power of attorney;

1. Application of Acts and subordinate statutes to the details of confirmation of fact, such as a wage ledger, employment contract, telephone, etc. and the details of annual allowances

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of an alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the crime of this case is not good, the amount of unpaid wages and retirement allowances by the defendant, and others.