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(영문) 수원지방법원 안양지원 2017.07.13 2016고단1588

근로기준법위반등

Text

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

However, the execution of the above sentence 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 employed 6 full-time workers in the name of Ma in the militarypo-si located in C, and operated a manufacturing business of high-tension vessels by employing 6 full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and may extend the date by an agreement between the parties concerned in special circumstances;

Nevertheless, the Defendant had worked from November 19, 2007 to May 31, 2016 at the above workplace, and had not paid KRW 153,856 of the retired worker E on July 7, 2013, within 14 days from the date of the above E’s retirement without an agreement between the parties. Moreover, the Defendant did not pay KRW 92,060,959, in total, for five retired workers’ wages and other money and valuables, as in the list of crimes in the attached Form (excluding the part of the net five F), within 14 days from the date of each employee’s retirement without an agreement between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, when the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, and extend the payment date by mutual agreement between the parties concerned in special circumstances;

Nevertheless, the Defendant had worked from November 19, 2007 to May 31, 2016 at the above workplace and had not paid KRW 23,391,420 of the retirement allowances of retired workers E within 14 days from the date of the above E’s retirement without agreement between the parties, and did not pay KRW 6,857,487 as well as the total retirement allowances of five retired workers within 14 days from the date of each employee’s retirement without agreement between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Determination as to the assertion of defense counsel of the E, G, H, I, and J