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(영문) 전주지방법원 군산지원 2015.02.25 2014고단807

근로자퇴직급여보장법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. The Defendant is a person who actually operates the (ju)G employing 50 full-time workers in the military, Sinsan-siF.

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

The Defendant in violation of the Labor Standards Act, while working in the foregoing workplace, did not pay KRW 2 million on November 201, 2013, wages of KRW 1,090,000 on December 201, 201, and wages of KRW 1,090,000 on December 201, 2013 within 14 days from the date of each retirement without any agreement between the parties on extension of the due date.

B. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act, while serving in the said workplace on April 30, 2013, did not pay KRW 29,688,368, as well as KRW 2,126,279 of the retirement allowances of the employee I retired from the said workplace on April 30, 2013 within 14 days from each retirement date, without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective police protocol protocol to J, K, L, H, I, M, and N

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The portion of the rejection of prosecution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1448, Apr.

1. Summary of the facts charged

A. The Defendant in violation of the Labor Standards Act (hereinafter “Labor Standards Act”) did not pay KRW 1,722,488 of the annual paid leave allowance of retired workers C on February 1, 2013, within 14 days from the date of retirement, without any agreement between the parties on extension of the due date. 2) The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits.