logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.24 2015고단2382
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the user who runs a construction business using ten full-time workers as the representative of (10)G on the fourth floor of the Seocho-gu Seoul Metropolitan Government F building.

From March 3, 2014 to November 3, 2014, the Defendant shall work in the same workplace.

The phrase “the monthly amount of wages in arrears” of the attached Table Nos. 1, 2, 3, and 6 of H, including the amount of wages 3,166,67 won for September 2014 of the retired workers, was not paid respectively within 14,801,554 won for the total amount of wages of four workers, as stated in the “amount of monthly wages in arrears” in the attached Table of Crimes List of Crimes Nos. 1, 2, 3, and 6.

B. From January 1, 2009 to November 11, 2014, the Defendant is working in the pertinent workplace.

Each “retirement allowance” column in the table of “retirement allowance” in 2,3, and 6 of the attached list of crimes, including 15,601,496 won of retirement allowance of retired workers I, did not pay 52,193,101 won in total for three employees within 14 days from the date of retirement, as stated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and H;

1. Application of each statute on filing of a complaint;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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 portion of rejection of prosecution under Article 62 (1) of the Criminal Act (including the first offense, overdue wages, and retirement allowances repaid through substitute payments, etc.);

1. The summary of the facts charged is that the Defendant works in the above workplace from May 12, 2014 to November 6, 2014.

A retired worker D’s total of KRW 2,59,97 (No. 5 in attached Table 2,599,97) including the amount of wages of October 2014, KRW 2,166,667, and KRW 433,30,00 for November 2014, and labor at the same workplace from June 13, 2012 to September 30, 2014.

The retirement allowance of retired workers E is 5,253,125 won (No. 4 in the list of crimes).

arrow