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(영문) 서울중앙지방법원 2016.08.18 2016고단309

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, as the C representative director in Seocho-gu Seoul Metropolitan Government, is an employer who employs ten full-time workers and operates an event agency business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total amount of KRW 9,295,686 of wages of four workers, including KRW 4,058,680 in August 8, 2014, and KRW 4,058,680 in September 4, 2014, and KRW 1,178,326 in October 1, 2014, as indicated in the list of crimes in the separate sheet of crimes in the separate sheet of crimes, including where the Defendant did not pay the total amount of KRW 49,030,874 in wages of four workers from around November 8, 2010 to October 9, 2014, within 14 days from the date of retirement without agreement on the extension of payment date between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 9,039,550 of retirement allowances of employees D who retired from his/her workplace from November 8, 2010 to October 9, 2014, and did not pay KRW 33,248,310 in total for four employees, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement, without any agreement on the extension of payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The average wage and the statement of the retirement allowance (10 No. 10 times each time);

1. Application of the specifications of insured status, business registration certificate, certified copy of registry, and details of each transaction;

1. Article 109 (1), Article 36 of the Labor Standards Act for Criminal Facts, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of absence of each retirement allowance);

1. Articles 40 and 50 of each Criminal Code of Trade and Trade (for each victim, the victim shall be included);