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(영문) 서울북부지방법원 2016.09.22 2015고단3463
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

The defendant is a person who employs 20 full-time workers in Dongdaemun-gu Seoul Metropolitan Government E Building 401 and operates the F.

1. The Defendant in violation of the Labor Standards Act had worked in the said architect office from May 11, 2009 to February 27, 2015, and had not paid KRW 3,208,361,00 from the date of retirement without agreement on the extension of the payment period between the parties, as well as KRW 52,180,00,00,000,000 for wage 3,076,920 and annual average settlement, and KRW 52,180,000,000,000 from the date of retirement.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay KRW 42,25,806, including KRW 17,849,120 of retirement allowances of the victim B retired while working at the time and place specified in paragraph (1), and KRW 42,25,806 of retirement allowances for B, G, and C in the list of crimes in the attached Table, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each statement G and C;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 (the fact that liquidation of gold is not performed) of the Labor Standards Act for the relevant criminal facts, Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that payment is not made due to retirement), and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence: The fact that many workers did not pay wages and retirement allowances and gave considerable pain to them; the fact that unpaid wages and retirement allowances are relatively high: the fact that the payment of unpaid wages and retirement allowances is against the fact that the payment of all wages in arrears with B, C and D after the prosecution is made; the payment of 11 million won to G; the fact that the payment of wages in arrears with B, C and D was made after the prosecution is made to the workers; the payment of money and valuables was not made to the workers due to the lack of service expenses from the Housing Redevelopment Cooperatives, etc. in the

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