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(영문) 인천지방법원 2015.07.08 2013고단1380

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.

(e).

Reasons

Punishment of the crime

The defendant is an operator of corporation E in Nam-gu, Incheon Metropolitan City, who runs the business of manufacturing cosmetics by employing 230 full-time workers.

"2013 Highest 1380"

1. The Defendant violated the Labor Standards Act, including that F’s wage of KRW 659,520, which was employed by the said company from December 17, 2010 to January 5, 2013, was not paid within 14 days from the date on which the cause for the payment occurred without an agreement between the parties on the extension of the due date, and that the Defendant did not pay wages to the employees as indicated in the attached Form No. 9, 10, and 16, respectively.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 3,778,490 won of F's retirement allowance from December 17, 2010 to January 5, 2013, which was employed by the said company, within 14 days from the date of occurrence of the relevant cause for payment, without agreement between the parties on the extension of the payment due date, and did not pay the retirement allowance of the retired worker as stated in the attached Form No. 9 and No. 16.

[Attachment 2013 Highest 466] The Defendant did not pay KRW 10,44,940, total of KRW 6,778,60 of G’s wages and retirement allowances from around November 25, 2010 to around March 6, 2013 and KRW 10,444,940 of G’s wages and retirement allowances from around March 6, 2013, within 14 days from the date on which the cause for the payment occurred without an agreement between the parties on the extension of the due date for payment, and did not pay KRW 1,34,46,48,940 in the attached Table of Crimes within 26,28,43,66,68, 70, 71, 80, 81, 286, 281, 37, 286, 47, 281, 286, 286, 47, and 81.

The Defendant, “2013 Highest 7127” from May 15, 2008 to April 15, 2013, agreed on H’s wages of KRW 14,377,755 and retirement allowances of KRW 9,620,374, who worked for the said company, to extend the payment date between the parties.