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(영문) 서울동부지방법원 2017.10.18 2017고단2151
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant of "2017 Highest 2151" is the representative director of the corporation B, who is in charge of the business operation of the above corporation.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 50,654,633 won in total for four workers as shown in the attached crime table 1, including the amount of wages and retirement allowances of 255,490 won on May 5, 2016, as well as the amount of wages and retirement allowances of 50,654,633 won in total for four workers, without any agreement on the extension of the payment period between the parties.

The defendant of "2017 Highest 2682" is the representative director of the corporation B, who is in charge of the business operation of the above corporation.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the wages and retirement allowances of 53,895,589 won in total for three workers, as shown in attached Table 2, as well as the wages and retirement allowances of 1,175,440 won on May 1, 2016, retired from the said workplace as from September 1, 2014 to December 1, 2016, within 14 days after the retirement without agreement between the parties on the extension of the payment deadline between them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement of C, E, F, and G;

1. Each petition and statement of D, H and I;

1. Application of the statutes on labor contracts;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of imprisonment with prison labor chosen;

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 of the suspended execution (the defendant reflects himself/herself and repents it);

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