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(영문) 서울남부지방법원 2017.12.06 2016고단5058
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.

Reasons

Punishment of the crime

When a worker dies or retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where a worker retires, an employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred, and where there exist special circumstances, the period may be extended by mutual agreement between the parties concerned.

The Defendant is an employer who employs workers as the representative of the Guro-gu Seoul Metropolitan Government D Co., Ltd. and provides services. From Apr. 15, 2004 to Apr. 30, 2016, the Defendant did not pay workers F's wages for six months from Nov. 1, 2015 to Apr. 30, 2016, for six months from Nov. 24, 2015 to Apr. 2016 and retirement allowances for 17,501,369, and for six months from Nov. 1, 201 to Apr. 30, 2016 without agreement between the parties on retirement.

Summary of Evidence

1. Partial statement of the defendant (as at the tenth public trial date);

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes, such as average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for each worker;

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. The non-guilty part of Article 62(1) of the Criminal Act (including the fact that the defendant was punished once by a fine for the same crime, and that the defendant was unable to pay wages or retirement allowances to workers while closing down his/her business due to business difficulties, and that the defendant cannot be deemed to have committed a planned or malicious crime).

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