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(영문) 부산지방법원 2019.02.14 2018고단4724

근로자퇴직급여보장법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is the representative director of the Busan Jung-gu and the five-story to operate a restaurant business by employing 30 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, during the period from March 1, 2016 to January 31, 2018, the Defendant works as a cook in the same workplace.

A retired worker D’s wages (including business suspension allowances and annual allowances) of KRW 5,459,574 and retirement allowances of KRW 3,972,344 including KRW 9,431,918, as shown in the attached list of crimes, did not pay KRW 135,963,345, as well as KRW 135,963,345, as stated in the attached list of crimes, 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. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement regarding D;

1. Each written statement of D, E, F, G, H, and I;

1. Details of confirmation of fact, such as each telephone, and e-mail output;

1. The details of each employment contract, each resignation, a detailed statement of delayed payment of wages, each worker's agreed wages, the overdue payment of allowances for each worker, calculation statement of each average wages and retirement allowances, each retirement allowance calculation statement, each account transaction statement, wages ledger, calculation of retirement allowances, the details of payment for the part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time

1. Application of Acts and subordinate statutes to the statements of history of insured status, business registration certificate, business report certificate, part of each registered matter, copy of each passbook, and account transaction statement;

1. Article 109(1) of the Labor Standards Act concerning criminal facts