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(영문) 서울중앙지방법원 2020.05.19 2019고단2651

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.

(e).

Reasons

Punishment of the crime

The defendant is an employer who employs 67 full-time workers as the representative director of Jongno-gu Seoul Metropolitan Government building B and D, and operates a travel business.

The Defendant, while working in the above workplace from February 13, 2007, was retired on September 30, 2018, did not pay KRW 53,840,770 in total, including the amount of wages, annual unused allowances, and annual unused allowances of KRW 383,00 on September 30, 2018; KRW 132,380 on the year-end refund; and KRW 2,802,380 on the amount of year-end refund; and KRW 53,840,770 on the amount of wages, annual unused allowances, year-end year-end refund, etc. of eight workers, as shown in the attached list of crimes (1).

The Defendant, while working from around August 28, 2012 at the foregoing workplace, did not pay 16,58,360 won in total to six employees, as shown in the attached Form List of Crimes (2), as well as 2,375,940 won in unpaid retirement pension for employees F retired from office on August 31, 2018, within 14 days from the date of retirement, without agreement on the extension of the due date between the parties.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning G;

1. Each statement of H, I, E, J, K, F, L, and M;

1. Application of Acts and subordinate statutes to each report on the delayed payment of wages, business registration certificate, certified transcript of corporate register, details of payment of final and conclusive retirement pension, details of annual allowances of a person who retires, specifications of payment of wages of a person who retires, and specifications

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts and Articles 44 Subparag. 2 and 20(5) of the Guarantee of Workers' Retirement Benefits Act (which means the failure to pay charges);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (worker F, E, J, K, M, and L, each violation of the Labor Standards Act for workers' retirement benefits, each violation of the Guarantee of Workers' Retirement Benefits Act, and punishment provided for a violation of the Labor Standards Act with more severe punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.