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(영문) 인천지방법원 2020.09.24 2020고단2899

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 a user who runs a motor vehicle parts manufacturing business, etc. using 110 full-time workers in the Bupyeong-gu Incheon Metropolitan Government Dispute Resolution Co., Ltd.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from April 9, 2018 to August 14, 2019, the Defendant provided labor to the above workplace and did not pay KRW 18,429,170 of the wages of workers D who retired from the workplace within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties, and as described in the attached list of crimes, excluded the portion of workers M, N,O, P, Q, and R as shown in the attached list of crimes.

The wages of KRW 88,86,924 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

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

Nevertheless, from April 9, 2018 to August 14, 2019, the Defendant provided labor at the aforementioned workplace and did not pay 8,324,330 won of retirement allowances of retired workers D within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties, and as shown in the list of crimes in attached Table 13.

The retirement allowance of 193,118,273 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant E in court statements;

1. Each police statement of the F, G, H, I, J, K, and L;

1. Each written criminal investigation report (including listening to the oral statement of the petitioner, verifying the details of the substitute payment, and verifying the intention of five each petitioner (whether to liquidate and punish him/her)) (including attached documents);

1. An employment contract;