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(영문) 춘천지방법원 강릉지원 2015.12.23 2014고단992 (1)

근로기준법위반등

Text

A defendant shall be punished by imprisonment for three years.

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

(e).

Reasons

Punishment of the crime

The defendant is the representative of Gangnam-si U, who is a user who has operated a mobile phone parts manufacturing business using 90 full-time workers.

"2014 Highest 992"

1. The Defendant violating the Labor Standards Act is working at the same workplace from June 13, 2012 to June 26, 2014.

W of the wages of retired workers, including 1,207,160 won in April 2014, 1 through 4, 6 through 11, 13, 16 through 18, 20, 23, 24, 26, 29, 31, 32, and 33, the total amount of wages of 23 retired workers was not paid within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act is working in the same workplace from June 13, 2012 to June 26, 2014.

The retirement allowances of retired workers, including W retirement allowances of KRW 1,82,856, did not pay KRW 22,235,80 in total for nine retirement allowances of retired workers within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned, as shown in the [Attachment] List of Crimes Nos. 1,2,4,5,7,7,88,11, and 13.

"2015 Highest 434"

1. The Defendant in violation of the Labor Standards Act did not pay KRW 801,320 on June 6, 2014 of the retired worker X, while serving in the said workplace from around December 26, 2012 to October 14, 2014, totaling KRW 49,602,30,000 for six retired workers, as shown in the attached crime list, within 14 days from the date of each retirement, without any agreement on the extension of the due date between the parties concerned.

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act: (a) the retirement allowances of three retired workers, including the retirement allowances of KRW 2,165,126, and the total amount of KRW 30,842,297, as described in the attached crime list, shall be paid within 14 days from the date of each retirement, without agreement between the parties on the extension of the payment period between the parties concerned, as well as the retirement allowances of KRW 2,165,126, which were retired.