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(영문) 인천지방법원 2020.09.24 2020고단4374

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 the actual manager of C in Seo-gu Incheon, and is a user who runs a manufacturing business using 14 full-time workers.

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

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace, worked from January 22, 2013 to December 31, 2019 and retired from the workplace, did not pay 103,574,683 won in total, and 62,896,212 won in total, including 11 employees, within 14 days from the date of each retirement without agreement on the extension of the due date between the parties concerned, as shown in the attached crime list.

Summary of Evidence

1. The defendant's statement in the police station against D, E, and F;

1. Application of Acts and subordinate statutes, such as E and four others, D, two others, F, G, and H’s authentic account transactions, details of payment, etc. (No. 22);

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); Articles 109(1) and 36 of the same Act; Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (amended by Act No. 16270, Jan. 15, 201);

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

1. Selection of each sentence of imprisonment;

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 2006Da1248, Apr. 1, 2006)