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(영문) 대전지방법원천안지원 2020.08.25 2019고단1180

근로기준법위반등

Text

Defendant

A Imprisonment with prison labor of two years and four months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant A is the representative of the D Co., Ltd. located in the Asia-si, who ordinarily employs two workers and engages in the business of manufacturing semiconductor parts, with the exception of the part on which each dismissal of public prosecution is decided due to the cancellation of public prosecution and the part on which the dismissal of public prosecution is dismissed as follows.

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 is working at the same workplace from February 1, 2017 to July 31, 2018.

The retired FF’s total amount of KRW 8,00,00 (attached Table 1 No. 3) including the total amount of KRW 2,250,000 in April 2018, the wage of KRW 2,250,000 in May 2018, the wage of KRW 2,250,000 in June 2, 2018, the wage of KRW 2,250,000 in July 2018, and KRW 8,000,000 in July 2, 2018, without any agreement between the parties on the extension of the due date.

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 is working at the same workplace from February 1, 2017 to July 31, 2018.

3,658,420 won of retirement allowance of retired workers was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

The Defendants conspired with the husband and wife, and Defendant B held the right to sell apartment G apartment H (hereinafter “instant apartment”) in the Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon, with the right to sell the apartment. On October 30, 2018, J real estate located in Seoan-gu, Seoan, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and the victim K can lease the instant apartment with the lease deposit amount of KRW 170 million and the period of two years, and if the deposit is fully paid, Defendant B would have to move into the apartment by November 30, 2018.

However, in fact, the Defendants are the instant apartment by September 30, 2018.