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(영문) 서울동부지방법원 2018.11.28 2017고단2919
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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.

(e).

Reasons

Punishment of the crime

The defendant of "2017 Highest 2919" is the representative director of C Co., Ltd. (the head office of Seongdong-gu Seoul Metropolitan Government D building No. 402, objective: Communications construction business) who is in charge of the business operation of the above company.

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.

Defendant did not pay KRW 35,519,952 in total for two employees as wages and retirement allowances for the total amount of two employees, such as the number of offenses Nos. 2 and 3 at the above place of business, within 14 days after his retirement without any agreement between the parties on the extension of the payment deadline.

The defendant of "2018 Highest 3321" is a user who employs nine full-time workers in Seongdong-gu Seoul Metropolitan Government D and operates C corporation.

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

Nevertheless, the Defendant did not pay KRW 5,37,330, in total, KRW 2,566,700 and retirement allowance of KRW 2,770,630 from February 1, 2016 to February 28, 2017 as well as KRW 5,337,330 within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

Summary of Evidence

"2017 Highest 2919"

1. Statement of the defendant in the first trial record;

1. Each petition and each written statement (F, G);

1. The benefit ledger and the business registration certificate "201 high group 3321";

1. Statement by the defendant in court;

1. E statements;

1. To apply Acts and subordinate statutes to the report on arrears of wages, average wages, statement on the calculation of retirement allowances, and pay ledger;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense, as prescribed in 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 of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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