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(영문) 서울동부지방법원 2020.10.12 2020고단915
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six 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 an employer who operates C in Songpa-gu Seoul Metropolitan Government Company B.

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

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

Nevertheless, the Defendant, at the above workplace from August 1, 2017 to May 31, 2019, did not pay the total of KRW 167,269,978 of wages and retirement allowances to six workers as stated in the attached crime list, including KRW 65,960,00 and retirement allowances of KRW 7,154,196, as well as KRW 167,269,978, as stated in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. A petition statement and power of attorney;

1. Application of Acts and subordinate statutes to each written confirmation of accounts payable, average wages and retirement allowances, business operator¡¯s inquiry, and detailed statement of arrears;

1. Article 109(1), Article 36 of the Labor Standards Act (attached Table 1, 2, and 4 Nos. 1, 4 of the Labor Standards Act), Article 109(1), Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act ( unpaid retirement allowances) for criminal facts;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to four years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Class 1 (Violation of the Labor Standards Act) (Violation of the Labor Standards Act) is a recommended field that there is no amount of not less than KRW 100 million [Type 3], such as wages, etc. [No person who is a special person].

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