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(영문) 인천지방법원 2019.02.14 2018고단9298

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative director of the Seo-gu Incheon (State)C, who runs the wastewater treatment business using 28 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from July 1, 2009 to May 31, 2018, and did not pay the total of KRW 10,374,490 for retired workers ( KRW 3,324,830 for March 1, 2018, KRW 3,524,830 for April 3, 2018, KRW 7,514,498 for annual salary ( KRW 1,725,500 for 1,725,500 for 208, KRW 2,334,68 for 2017, KRW 1,464, KRW 00 for 208, KRW 300 for annual salary, KRW 40 for 30,00 for 205, KRW 940 for 205, KRW 940 for 208, KRW 1,468 for year 2017, KRW 190 for year 300, KRW 1707.200.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the above workplace from July 1, 2009 to May 31, 2018, and did not pay KRW 41,788,980 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A retirement allowance calculation statement;

1. Business registration certificate;