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(영문) 울산지방법원 2020.11.12 2019고단2109

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person in charge of business management who has operated a motor vehicle parts manufacturing business with 25 full-time workers as the representative of the (State)C located in Yangsan City.

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

Provided, That where special circumstances exist, the date may be extended by an agreement between the parties.

Nevertheless, the defendant is working as a member in the above workplace on June 27, 2016.

A worker D who retired from office around December 21, 2018, paid 109,454,046 won in total, including 14,979,914 won, including 27 workers' wages and retirement allowances, and 109,454,046 won in total, including 3,711,496 won, retirement allowances, 7,435,253 won in November 2018, and 14 days from the date of retirement without agreement on extension of payment between the parties, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of E and F;

1. Each written appeal, each written statement, and each fact-finding certificate;

1. Application of Acts and subordinate statutes to a benefit ledger, retirement allowance calculation statement, employment income withholding receipt, and commuting record;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (a point of which payment of retirement allowances is not made);

1. The provisions of Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the provisions of Articles 40 and 50 for the crimes Nos. 1, 2, 11, 12 and 23, each of the violation of the Labor Standards Act, each of the violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment provided for the violation

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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.