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(영문) 서울서부지방법원 2017.05.11 2015고단3020

근로기준법위반등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case, workers C, D, E, and F respectively.

Reasons

Punishment of the crime

Defendant 2, “2015 Highest 3020,” Defendant 2 is a person who operates H, a manufacturing company, such as food beverages in the Jung-gu Seoul Special Metropolitan City G 604.

1. The Defendant violated the Labor Standards Act, while working in the said workplace from October 1, 2013 to January 31, 2015, the Defendant did not pay KRW 3,000,000,000, including the wage, etc. of retired workers I, within 14 days from the date of retirement without an agreement on extension of the payment deadline between the parties concerned, and did not pay KRW 16,583,566 in total for three workers within 14 days from the date of retirement without an agreement on extension of the payment deadline between the parties concerned.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers in the pertinent workplace from October 1, 2013 to January 31, 2015, and did not pay KRW 3,923,760 of retirement allowances of retired workers I within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned, and did not pay KRW 7,472,910 in total for two employees as stated in the separate crime list Nos. 1, 3, as stated in the separate crime list No. 1,472,910 within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.

Defendant 1 is the person who operates the food beverage manufacturing company, which is located in the Jung-gu Seoul Metropolitan Government G 604, Jung-gu, Sungnam-gu. 3078.

On April 27, 2015, the Defendant stated that the Defendant would pay 35% of the monthly sales from June 2015 to the Victim L if the Defendant invested KRW 80 million in the Victim M (State).

However, the facts revealed that the Defendant’s operation (State) borrowed or invested an amount equivalent to KRW 600 million from other investors due to the aggravation of management from December 2014, 201, and the payment of the above borrowed and invested money was not made properly, and due to the shortage of funds, H’s head office could not supply food ingredients to each store.