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(영문) 서울중앙지방법원 2016.04.26 2016고단1358
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who runs a construction business while operating the Seocho-gu Seoul Metropolitan Government Co., Ltd.

The Defendant, from October 23, 2013 to June 30, 2015, did not pay KRW 7,473,550 in total of KRW 2,80,000 and retirement allowances of retired workers D, and KRW 4,673,550 in total, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned.

In addition, the Defendant did not pay the total of KRW 69,707,246 to 20 employees of the above company within 14 days from the date of retirement, as stated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, H, I, J, K, L, M, N, P, Q, R, T, or U;

1. A copy of the statement made with respect to V, and a copy of labor cost statement;

1. A copy of each W and F statement;

1. Application of Acts and subordinate statutes, such as a written complaint, a copy of each petition, details of personnel expenses, etc., detailed statement of payment of daily labor expenses, daily table of each out-to-door, statement of transaction of self-reliance deposits, average wages and retirement allowances, settlement statement of average wages and retirement allowances, status of subscription to employment insurance, copy of a passbook of a national bank, details of confirmation

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, and Article 44 Subparag. 1 and Article 9 of the 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. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant has not paid the wages and retirement allowances near 70 million won to the total 20 workers. In light of the fact that the amount of unpaid wages and retirement allowances is not significant and that the injured workers are also 20 persons, the criminal liability is heavy.

I would like to say.

However, the defendant recognized all the facts of the crime of this case and erred.

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