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(영문) 서울중앙지방법원 2018.08.30 2018고단2412
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, 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, as an actual manager of C in Dongdaemun-gu Seoul Metropolitan Government, employs 40 full-time workers and operates services, such as building management, etc., from March 27, 2011 to June 30, 2017, the Defendant did not pay 180,390,940 won, totaling 180,000 won of wages and retirement allowances for 18 workers, as indicated in the attached crime list, as well as the amount of wages and retirement allowances for 18 workers, as indicated in the attached crime list, within 14 days from the date of retirement without any agreement between the respective parties on the extension of payment dates.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F, E, G, and H;

1. Application of Acts and subordinate statutes on transactions by each complaint, business registration certificate, certified copy of the corporate registry, current status of benefits, each retirement allowance calculation statement, and each passbook;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed by the relevant Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for Workers;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Act - the scope of recommendations on the grounds of sentencing guidelines for sentencing - The basic area of the crimes No. 1 [the scope of recommendations] - the basic area of the crimes No. 3 (the amount of wages of at least KRW 100 million): No. 2 level increase [the person subject to special sentencing] as a result of the total-up of identical crimes - The basic area of crimes No. 2 (the scope of recommended punishment is at least KRW 50 million, less than KRW 100 million) such as wages, etc. - The basic area of crimes No. 2 (the scope of recommended punishment is at least KRW 50 million, less than KRW 100 million): The first step increase [the final sentencing range due to the number of concurrent crimes of the same kind that there is no person subject to special sentencing - the amount of overdue punishment for April to 2: The excessive amount of damages to workers: the average amount of damages caused by the confession and efforts made to recover from wages, etc.

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