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서울중앙지방법원 2017.06.29 2017고단1367

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not more than ten 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 is the joint representative director of Jongno-gu Seoul E and 10, who is a joint representative director of the “F” corporation established mainly for the purpose of studying in the Republic of Korea.

1. The wages in violation of an obligation to pay the fixed date of wages shall be paid at least once a month on the fixed date;

Nevertheless, the Defendant, in collusion with the above D, did not pay KRW 2,691,050 in June 2016 of the Victim G working in the above Company from September 9, 2013 to July 10, 2016, which was the date of the regular payment of wages, in collusion with the above D and did not pay KRW 2,691,050 in the annexed crime list.

1. The victims did not pay the total amount of KRW 7,02,960 in June 2016, as stated in the remainder of the year 1,40,000 as of July 10, 2016, respectively.

2. The Defendant, in collusion with the foregoing D, did not pay KRW 36,903,598 in total, as wages and retirement allowances of the victim H retired from office from April 25, 201 to September 4, 2016, within 14 days from the date of retirement of the victims without agreement on the extension of the payment deadline between the parties, as stated in the balance other than the aforementioned H Nos. 2, 5, 9, 11, 17, 18, 35, 39, 42, including the payment of KRW 37 of the victims’ wages, annual allowances, retirement allowances, total amount of KRW 473,240,65 in each case, within 14 days from the date of retirement of the victims without agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to I, J, K, L, M, or N;

1. Written statements of theO, P, Q, R, S, U,V, W, X, Y, AA, AB, AC, AD, AE, AE, AF, AH, AI, H, AJ, AK, AL, P, Q, Q, AP, AP, Q, AR, and AS;

1. Each criminal complaint and a petition;

1. Application of Acts and subordinate statutes to verify facts, such as each telephone, data acquisition report, data submitted at the place of business, and detailed statement of calculation of arrears;

1. Articles 109(1) and 43(2) of the Labor Standards Act for facts constituting an offense (i.e., violation of each obligation to pay wages), Articles 109(1) and 36 of the Labor Standards Act (i.e., each obligation to pay wages)