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(영문) 서울남부지방법원 2020.06.03 2020고단185
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 runs software development business using 30 full-time workers as the D representative director of Guro-gu Seoul Metropolitan Government Co., Ltd., Ltd.

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

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

Nevertheless, the Defendant is working in the workplace from April 17, 2017 to February 12, 2019.

In January 2019, the bill of indictment of retired E was written in December 2018, but was corrected as described above.

In addition to the total amount of wages of KRW 3,690,475 and retirement allowances of KRW 4,318,143 including total amount of KRW 8,08,618 and total amount of KRW 25 of KRW 131,825,401 and the total amount of KRW 55,134,325 of retirement allowances of eight retired workers, 186,959,726 of KRW 14 days from the date of retirement, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each special judicial police officer's statement of labor inspector in relation to F, G, H, I, J, K, L, M, and N;

1. Each written appeal and each written statement;

1. Each employment contract;

1. Application of Acts and subordinate statutes to each service period and details of money and valuables in arrear, calculation of each retirement allowance, average wages and retirement allowances;

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 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. Reasons for sentencing under Article 62(1) of the Criminal Act: The total amount of unpaid wages and retirement allowances reaches KRW 186,959,726;

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