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(영문) 서울남부지방법원 2018.07.06 2017고단5623
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a user who has been engaged in software development business by using 25 full-time workers as the representative of Guro-gu Seoul Metropolitan Government L. 403 (ju)M.

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;

The Defendant worked as an employee on October 10, 2016, while serving as an employee at the above company on or around January 27, 2017, and did not pay 53,261,015 won in total for 12 workers as stated in the list of offenses listed in the attached Table Nos. 1, 2, 3, 5, 6, 9, 10, 11, 12, 15, 16, 18, within 14 days from each retirement date without agreement between the parties on the extension of the payment date.

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

around December 21, 2015, the Defendant served as an employee while serving as an employee at the above company on or around February 25, 2017, and served as an employee on or around December 25, 2015, and on or around March 16, 2017, the Defendant did not pay 9,851,924 won in total for two employees including 3,41,091 won in retirement allowances for P as of March 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of each statute to the N, Q, R, S, T, U, V,O, W, P, X, and Y respectively;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts; Article 44 Subparag. 1 and Article 9 of the Act on Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Article 62 of the Criminal Act:

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