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(영문) 수원지방법원 2019.05.14 2018고단1270
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 a user who employs 15 full-time workers as the representative director of Mapo-gu Seoul Metropolitan Government (State)C, and conducts software development business.

1. An employer in violation of the Labor Standards Act shall pay wages, compensations, and all other money or valuables within 14 days from the date of retirement when a worker dies or retires;

Nevertheless, the Defendant did not pay KRW 205,716,733 of the total wages of 10 workers within 14 days from the date of retirement as shown in the attached crime list, including that the Defendant did not pay KRW 2,750,000 of the D’s working hours from July 1, 2015 to April 30, 2016 at the above workplace, as well as that the Defendant did not pay KRW 205,716,733 of the total wages of 10 workers, as described in the attached crime list.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall pay a retirement allowance within 14 days from the date of retirement when a worker retires;

Nevertheless, the Defendant did not pay KRW 3,071,020 for E’s retirement pay, which was worked from April 1, 2015 to October 14, 2016 at the above workplace, and did not pay KRW 27,506,890 for the total amount of six employees within 14 days from the date of retirement without an agreement on extension of the due date between the parties, as shown in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D, F, E, G, H, I, J, K, and L;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 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. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The summary of the argument H, G,.

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