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(영문) 서울남부지방법원 2020.06.24 2017고단6062
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a user who has been engaged in the new and renewable energy installation business using 16 full-time workers as a representative of Gangseo-gu Seoul Metropolitan Government B Building C.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

On May 1, 2014, the Defendant worked as an employee for the above business entity on or around March 1, 2017, and did not pay KRW 18,333,332 in total for two workers, as stated in the attached crime list, as well as KRW 33,33,32 in total, as stated in the attached crime list, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

On May 1, 2014, the Defendant served as an employee for the above business entity on or around March 1, 2017, and did not pay 21,412,297 won in total for two employees, as stated in the attached crime list, as well as 12,96,574 won in retirement allowances for E retired on or around March 1, 2017, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The written statement of the defendant;

1. Statement to E by the police;

1. A letter of answer to the F;

1. Application of respective Acts and subordinate statutes of E and F;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, Article 44 subparagraph 1, or Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the amount of wages and retirement allowances not paid by the defendant for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are not substantial.

The defendant.

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