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(영문) 서울중앙지방법원 2015.09.24 2015고단4797
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is an employer who operates a distribution agency business, etc. using 120 full-time workers under the trade name of Jongno-gu Seoul Metropolitan Government G.

On November 3, 2005, the defendant joined and works for the above corporation G on November 3, 2005.

Without reaching an agreement with H on December 24, 2014 on extension of the due date, the said H’s wages of KRW 5,192,742 and retirement allowances of KRW 12,575,880 were not paid within 14 days from the date of retirement of the said H.

The Defendant, including this, did not enter into an agreement with eight workers on the extension of the payment date, and did not pay 31,410,720 won in total and 98,423,940 won in total and retirement allowances of eight workers within 14 days from the date of retirement of each worker.

Accordingly, the defendant did not pay wages and retirement allowances within 14 days from the date of worker's retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A written petition;

1. Application of Acts and subordinate statutes to the personal arrears money and valuables;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act; and choice of imprisonment with labor for each type of crime;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that the amount of the money in arrears with the reasons for sentencing under Article 62(1) of the Criminal Act is not certain is disadvantageous to the defendant.

However, the payment of substitute payment of KRW 79,222,820 to the above workers and the recovery of some damages, the defendant seems to have been in arrears due to the aggravation of management, not the defendant's bad faith, and the fact that there is no past record of the same kind of crime, and that it is against the defendant is favorable to the defendant.

In addition, the sentencing conditions, such as the age, character and conduct, environment, details of crimes, and circumstances after crimes, shall be determined as per the order.

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