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(영문) 인천지방법원 부천지원 2020.04.21 2019고단3520

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the Co., Ltd. C in Bupyeong-si, who runs the cosmeticbr manufacturing business using six full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, retirement allowances, and other money or 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, the defendant is working from March 2, 2009 to April 5, 2019 at the above workplace.

Wages 7,423,356 of retired D did not pay 7,423,356 won within 14 days from the date of occurrence of the cause for such payment without an agreement between the parties to the payment.

2. Where an employer who has violated the Guarantee of Workers' Retirement Benefits Act has unpaid contributions to a participant of the defined contribution plan when any ground prescribed by Presidential Decree, such as retirement of the participant, occurs, he/she shall pay the contributions and interest for arrears to the account of the relevant participant of the defined contribution plan within 14 days from

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

Nevertheless, the defendant is working from March 2, 2009 to April 5, 2019 at the above workplace.

In the absence of an agreement between the parties on the extension of the due date of payment, the unpaid contributions for retirement pension for retirement and interest for arrears 21,679,980 won shall not be paid within 14 days from the date of occurrence of the cause of payment.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of the police appellant against D;

1. Application of the Acts and subordinate statutes to the entrance report of internal investigation materials (the details of money and other valuables in arrear);

1. Article 109(1) of the former Labor Standards Act (amended by Act No. 16720, Jan. 15, 2019) on criminal facts.