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(영문) 서울남부지방법원 2018.04.10 2017고단3685
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant is the representative of the Guro-gu Seoul AJ building 704, who has been engaged in software development business by using four full-time workers.

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

On July 1, 2015, the Defendant worked as an employee for the foregoing company on or around December 21, 2016, and did not pay 19,706,181 won, including the total amount of wages to AK retired around December 21, 2016, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline, as stated in the attached crime list.

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

On July 1, 2015, the Defendant served as an employee for the foregoing company on or around December 21, 2016, and did not pay 9,446,636 won in total for two employees, as stated in the attached crime list, as well as 4,229,210 won in retirement allowances for AK retired around December 21, 2016, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to AL, AM, and AK;

1. Application of the Acts and subordinate statutes governing AL, AM, and AK's petitions;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of each Labor Standards Act for K and AL, between the violation of each Labor Standards Act for K and AL, the violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment imposed on a violation of each Labor Standards Act of which the nature of the crime is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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