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서울동부지방법원 2019.07.01 2018고단3148
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is operating a food franchise business company in Gangdong-gu Seoul Metropolitan Government by using 60 full-time workers C.

1. Where an employer in violation of the Labor Standards Act dies or retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date when the cause for such payment occurred, but the Defendant, while working from October 1, 2017 to December 19, 2017, did not pay 35,308,032 won, including D’s wage 2,419,350 won, total sum of 44 employees, as stated in the attached crime list, within 14 days from the date when the cause for such payment occurred, without any agreement between the parties on the extension of the due date.

2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act, when a worker retires, has paid retirement allowances within 14 days from the time when the cause for such payment occurred, but the Defendant, while working from March 15, 2014 to May 14, 2017, did not pay 27,795,979 won in total, including 2,201,55,979 won, as shown in the separate list of crimes, as shown in the separate list of crimes, within 14 days from the date when the cause for such payment occurred without agreement between the parties on the extension of payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of the F, G, H, and I;

1. Each statement of E, J, K, L, M and N;

1. Written complaints of D,O, P, Q, Q, R, TR, U,V, W, Y, Z, AAA, AB, AC, AD, AE, AE, AF, AH, AI, AJ, AK, AL, AmM, AO, AP, AP, Q, AS, ATS, and AU;

1. Application of Acts and subordinate statutes on calculation of each retirement allowance, details of each passbook, each overdue wage and retirement allowance calculation statement, and details of benefits transfer;

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 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 on the suspension of execution

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