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(영문) 의정부지방법원 고양지원 2019.10.02 2019고단1905
근로기준법위반등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The defendant is an employer who has employed workers with the trade names of C, book publishing D, E, and stock company F in Ilyang-dong-gu, Manyang-si and engaged in the printing business, paper wholesale business, learning paper production and distribution business, etc.

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

Nevertheless, from February 1, 2015 to June 30, 2018, the Defendant did not pay KRW 8,448,910, and retirement allowances of KRW 4,722,866, which are employees working at the same workplace, within 14 days from the retirement date of the date of payment, without any agreement between the parties to the labor contract, within 14 days from the date of payment, as stated in the separate crime list from March 31, 2016 to June 30, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. A written statement and statement of each worker;

1. Each written petition of workers;

1. A complaint;

1. Calculation of each retirement allowance, detailed statement of the current status of assets in arrears, current status of arrears, and application of statutes to calculate retirement allowances;

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

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

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one to four years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Class 1 (Violation of the Labor Standards Act) (Violation of the Labor Standards Act) a violation of the Labor Standards Act [Determination of Penalty] There is no person who has been paid wages, etc. [Type 3] more than KRW 100 million (special person) [the scope of recommendation field and recommendation range], and imprisonment.

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