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Reasons
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(영문) 서울북부지방법원 2019.10.02 2018고단2348
근로기준법위반등
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative of the K Co., Ltd. in Seongbuk-gu Seoul Seongbuk-gu, who is a user engaging in software development business, etc. using 20 full-time workers.

① The Defendant worked in the said workplace from May 2, 2017 to March 23, 2018 and retired from the said workplace without an agreement on the total of KRW 2,508,30 on February 2, 2018, and KRW 1,785,719 on March 3, 2018, and KRW 4,294,019, and ② From January 11, 2016 to September 10, 2017, the Defendant did not pay KRW 530,964, and retirement pay KRW 7,893,03,03,03, the total of KRW 8,423,967, and KRW 30,300,308,300, and KRW 436,430,300,300, and KRW 530,430,50,300,000 who retired from the said workplace without an agreement.

Summary of Evidence

1. Statement of the accused in the fourth protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. Each statement of L, M and N;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid);

1. The remaining workers, excluding regular concurrences and L of selective workers: Articles 40 and 50 of the Criminal Act and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the amount of unpaid wages of the victims of reasons for sentencing under Article 62(1) of the Criminal Act is not significant, the defendant does not have criminal records and criminal records of the same kind exceeding the fine, the defendant is divided, and the defendant does not appear to have intentionally paid wages to workers, and the remaining workers except the above three workers after the crime of this case is committed.

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