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(영문) 서울남부지방법원 2016.04.28 2016고단581
근로기준법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is the representative of the enterprise called "F" in Gangseo-gu Seoul Metropolitan Government E, who employs 40 full-time workers and operates food manufacturing and selling business.

1. The Defendant violated the Labor Standards Act, including that he/she did not pay KRW 670,967 of G wages, annual allowances of KRW 248,804 of his/her retired worker G, within 14 days from the date of his/her retirement without an agreement on the extension of the payment deadline between the parties concerned, as well as the number 3, 13, 14, 28, 29, 29, 30, 32, 40, and 42 of the number of workers in arrears in the attached Form 3, 13, 14, 28, 29, 30, 32, 40, and 42 of each of the nine workers in arrears within 14 days from the date of his/her retirement without an agreement on the extension of the payment deadline between the parties concerned.

2. The Defendant, in violation of the Act on the Guarantee of Retirement Benefits for Workers, did not pay the retirement allowances of KRW 3,658,426 of H’s retirement allowances, which he/she retired from office from office from April 24, 2014 to October 21, 2015, within 14 days from the date of the retirement without an agreement between the parties on the extension of the payment deadline, and did not pay the retirement allowances of 5 workers again for 13,14,32,40,40, and 42, within 14 days from the date of the retirement without any agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Each written complaint of G orO;

1. Application of Acts and subordinate statutes on arrears;

1. Articles 109 (1) and 36 of the Labor Standards Act for Criminal Facts (each of the wages or annual allowances) of the relevant Act;

(a) Article 44 main sentence 1 of the Act on the Guarantee of Retirement Benefits for each worker, and Article 9 of the Act on the Guarantee of Retirement Benefits for each worker (not being paid each retirement allowance);

O. Imprisonment selection)

1. The reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes, the total amount of unpaid wages, the total amount of retirement allowances, and the amount of wages shall be paid.

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