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(영문) 의정부지방법원 2020.07.21 2019고단2450
근로기준법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for five months and by imprisonment for four months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

The defendants are co-representatives of corporation D with C and 3 stories at Council-si, who are employers who employ 15 full-time workers and operate household retail business.

1. Violation of the Labor Standards Act;

A. Defendant A worked for the above company on October 27, 2018, and Defendant A, as well as KRW 1,89,010 in March 11, 2019 of E- retired on April 11, 2019, Defendant A, as indicated in the attached Table Nos. 1 through 5,7,8, 10 through 12, 14 through 21 (excluding other expenses) of the daily list of crimes in the attached Table Nos. 1 through 5,7, 8, 10 through 12, and 14 through 21 (excluding other expenses), did not pay KRW 32,824,058 in total for 18 workers within 14 days from the date on which the cause for the payment occurred, without any agreement

B. Defendant B was employed by Defendant B as a member of the above company on October 27, 2018, and did not pay KRW 1,899,010 in March 11, 2019 of the retired E- on April 11, 2019 as well as KRW 1,4 through 7,13,16 through 18,21 in the annexed crime list (excluding retirement allowances and other expenses), 26,978,437 in total for 10 workers as of March 10 in the annexed crime list (excluding retirement allowances and other expenses), within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties to the extension of the due date.

2. Defendant B violated the Guarantee of Workers' Retirement Benefits Act (limited to Defendant B), and Defendant B did not pay KRW 3,450,550 of retirement allowance to the above F, which was retired as above, within 14 days from the date of occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Each legal statement of Defendant A’s witness G, H, F, and I in each of the legal statements of Defendant A (limited to Defendant B)

1. 15 persons, including each genuine written statement of the police with J, the statement, petition, and the statement, each written confirmation of payment of wages, each of March 2019, each of the standard employment contract, each of the employment insurance contracts, each of the employment insurance companies, the tax investigation into the workplace, each of the employment insurance history inquiry, the detailed statement of the wages paid on April 2019, each of the authenticity statement, each written statement, the payment confirmation, and the authenticity E, respectively;

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