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(영문) 서울남부지방법원 2015.12.15 2015고단1665
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 21, 2015, the defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Seoul Southern District Court on May 21, 2015, and the judgment became final and conclusive on May 29,

The defendant is the representative of Songpa-gu Seoul Metropolitan Government D Co., Ltd. who has been engaged in construction business with 35 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 5,695,520,00, in total, the wages and overtime allowances of workers E retired while working in the said workplace from March 7, 201 to May 17, 2014, and KRW 2,874,460, in total, from December 17, 2012 to May 21, 2013, and paid KRW 5,695,520 within 14 days from the date of retirement without agreement between each party to extend the due date for payment.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act did not pay KRW 12,349,360 of the retirement allowances of retired workers E, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date, from March 7, 2011 to May 17, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each copy, written statement, and written statement of E and F;

1. A statement (E), the calculation of average wages and retirement allowances, the details of overdue payments and payments, and orders to correct violations of labor-related Acts;

1. Previous record of judgment: Application of the law to the copy of the judgment and the result of case search;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. The remaining amount in arrears, such as selective wages and retirement allowances, is about KRW 20 million, and the court had been given an opportunity for repayment for a considerable period of time under this law, but did not complete the recovery of damage, on the other hand, endeavoring to recover damage, and recognized errors by all employees, other than the instant workers, as agreed upon.

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