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(영문) 서울북부지방법원 2019.11.27 2019고단2614
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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.

Reasons

Punishment of the crime

The defendant is a user who manufactures and engages in wholesale business under the trade name of Dongdaemun-gu Seoul Metropolitan Government Co., Ltd.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from July 4, 2018 to July 17, 2018, the Defendant is employed by C as a salesperson belonging to C.

D's wage of KRW 910,00,00 for July 2018 was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, and was not paid for the total amount of KRW 47,958,278 of wages and retirement allowances of 14 workers within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made by a special judicial police officer against E and F;

1. Each statement of G, D, H, I, J, K, L, M, N, andO;

1. Each petition of P and Q;

1. Application of Acts and subordinate statutes for tax withholding for wage and salary income by income earner, such as output of text messages, written request for dispatch of partners, detailed statement of each salary, written confirmation of acquisition and loss of eligibility for health insurance, details of each benefit transfer, details of each benefit passbook, average wages and retirement allowances, and written calculation

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

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

1. Selection of each sentence of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommended sentences according to the sentencing guidelines [the determination of types] shall be 02. Wages, etc. (the type 1] 50 million won.

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