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(영문) 서울중앙지방법원 2016.04.28 2015고단6026

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

(e).

Reasons

Punishment of the crime

The Defendant is the representative of the “D” on the 3rd floor of Gangnam-gu Seoul Metropolitan Government C building, who ordinarily employs ten workers and operates road packaging business.

From June 2, 2008 to October 26, 2010, the Defendant, as well as the total amount of KRW 8,363,702, which was retired from the said workplace, did not pay 101,509,383 won, in total, of the wages and retirement allowances of six retired workers, within 14 days from the date of retirement, as described in the remaining order except the sequence 3 and 4 of the crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, H, I, and J;

1. Unpaid benefits, the benefit ledger, and monthly employee benefits;

1. Application of Acts and subordinate statutes certifying business registration;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances as seen below) of the suspended sentence is that the Defendant has not paid wages and retirement allowances exceeding KRW 100 million to six workers. In light of the fact that there are a large amount of unpaid wages and retirement allowances and that there are many victims, and that there are considerable considerable damages to the victimized workers for a considerable period, the criminal liability is not less complicated.

However, the defendant reflects his wrongness in depth and seems to have reached the crime of this case due to aggravation of the company's management situation rather than failing to pay wages, etc. in bad faith, there are no criminal records of the same kind and long history of punishment, and recently there is no punishment of a fine or more severe punishment, and the defendant's age, sex, and conduct.