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(영문) 인천지방법원 2019.09.18 2018고단8938

근로기준법위반등

Text

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

Reasons

Punishment of the crime

The defendant of "2018 Highly 8938" is an employer who has operated C in Bupyeong-gu Incheon Metropolitan City, and has been engaged in the business of manufacturing electronic parts by using three full-time workers.

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, the Defendant provided labor to the said workplace from August 1, 2014 to November 23, 2017 and did not pay the total amount of KRW 165,469,464 of the unpaid wages of three retired workers within 14 days from each retirement date, as shown in the list of crimes in attached Table 1, as well as KRW 895,200 on February 1, 2016 of retired workers D, as described in the list of crimes in attached Table 1.

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, the Defendant provided labor from around August 1, 2014 to around November 23, 2017 at the above workplace and did not pay 3,91,177 won in total, including 9,805,719 won of retirement allowances of retired workers D, and 33,91,17 won in total, as shown in the list of crimes in attached Table 1, within 14 days from the date of each retirement without any agreement on the extension of the payment date between the parties concerned.

On March 2016, the Defendant made a false statement to the effect that “A tax invoice shall be issued on the 30th day of the month of delivery of the Ampid, etc. to the victim by the 30th day of the next month, and the price shall be settled by the end of the next month,” through I, an employee of the H office operated by the victim G from the Seo-gu Incheon, Seo-gu, Incheon, Incheon.

However, the defendant was in a state of more than 60 million won of personal debt at that time, and the defendant was not paid the monthly salary of the office as well as his employee, and was supplied by the victim.