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(영문) 의정부지방법원 2020.06.16 2019고단1753
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 person who is a manager of G in Namyang-si F, and is an employer who runs a salt processing business by employing 11 full-time workers.

1. On June 19, 2015, the Defendant violated the Labor Standards Act, while working for the said company on or before June 19, 2015, and did not pay KRW 52,925,804, total amount of wages for 7 workers, as indicated in the attached Table Nos. 2 through 8 (excluding the part concerning retirement allowances), including KRW 1,629,166, which was paid September 1, 2017 to H that retired on or before August 19, 2017, within 14 days from the date on which each cause for the payment occurred, without agreement between the parties to extend the due date.

2. On September 14, 2015, the Defendant violated the Guarantee of Workers' Retirement Benefits Act: (a) while working for the said company on November 20, 2017, the Defendant did not pay the retirement allowances of KRW 3,957,743 to six retired workers, including KRW 3,957,743, which was retired on November 20, 2017, in total, 48,257,427, as stated in the attached list of crimes (part concerning retirement allowances) No. 3 through 8 (part concerning retirement allowances).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written complaint, written complaint, and written complaint;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of this case is not good, that the unpaid amount is higher, and that the arrest warrant was issued despite the failure to comply with the request of the investigative agency for appearance, and that the whereabouts of the defendant was unknown again even though the warrant was issued: Provided, That the defendant has no criminal record of the same kind, and a substantial portion of the unpaid wages and retirement allowances were paid through auction or substitute payment, etc.

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