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(영문) 전주지방법원 군산지원 2019.09.25 2018고단929

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

(e).

Reasons

Punishment of the crime

The Defendant of the 2018 Highest 929 [2018 Highest 929] is the employer who runs the construction business with 15 regular workers as the representative director of the Gunsan-si C Co., Ltd. (hereinafter referred to as “D”), and the employer shall pay wages, compensations, and all other money and valuables and retirement allowances within 14 days from the date

1. Violation of the Labor Standards Act;

A. The Defendant is working from September 15, 2014 to February 28, 2017 at the above company.

The retirement worker E did not pay KRW 1,683,470 of the year-end settlement refund in 2015 within 14 days from the date of the retirement without any agreement on the extension of the payment deadline.

B. The Defendant is working from July 8, 2016 to March 23, 2017 at the above company.

Wages of retired workers F were not paid KRW 8,195,00 within 14 days from the date of the above retirement without any agreement on the extension of the payment due date, as shown in the attached list of crimes, and did not pay the total of KRW 35,160,000 for five workers within 14 days from the date of the retirement without any agreement on the extension of the payment due date.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay retirement allowance of 12,301,369 won under paragraph (1) E within 14 days without agreement between the parties to the extension of the payment date.

From February 16, 2011 to April 30, 2014, the Defendant reported temporary use in the name of the State HH (I) in order to establish auxiliary facilities (site offices and storage facilities) in order to collect earth and rocks from 2,300 square meters of forest land, which is a quasi-permanent conservation mountainous district in Gunsan-si, Gunsan-si, and established the site offices and storage facilities.

In order to temporarily use the said mountainous district for the same purpose even after April 30, 2014 following such a temporary use report, the said temporary use report under the Mountainous Districts Management Act was not made, but the said temporary use report was not made by the competent authorities.