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(영문) 서울중앙지방법원 2016.12.22 2016고단2107
근로기준법위반등
Text

Defendants shall be punished by imprisonment for ten months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

Defendant

A is the representative director of the F in the Jung-gu Seoul Metropolitan Government, the defendant G is the chairperson of the above company, and the joint user who uses approximately 100 full-time workers in the hotel lodging business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, Defendants conspired to serve in the said workplace from July 15, 2014 to February 10, 2016.

In February 2016, employees H did not pay 45,286,912 won in total, including 1,221,841 won in wages of February 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, Defendants conspired to serve in the said workplace from July 15, 2014 to February 10, 2016.

A retirement allowance of retired workers H, including KRW 5,201,973, did not pay the total amount of KRW 401,087,065 of the retirement allowances of 68 workers within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Each written petition of workers;

1. Each written statement of workers;

1. Application of Acts and subordinate statutes on arrears;

1. Defendants of the pertinent legal provisions concerning criminal facts: Articles 109(1) and 36 of the Labor Standards Act, Article 30 of the Criminal Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants of choice of punishment: Imprisonment.

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