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(영문) 의정부지방법원 고양지원 2015.04.17 2014고단2171 (1)

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a representative operating Co., Ltd. D at the time of strike, who operates a manufacturing business using four full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

The defendant is working for the company from November 1, 201 to May 20, 2013.

Wages E of retired workers, including 10,134,705 won, did not pay 40,921,323 won in total for four workers as shown in the attached list of crimes, within 14 days from the date of retirement, 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 wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

The defendant is working for the company from November 1, 201 to May 20, 2013.

The retirement allowance of retired workers E, including KRW 4,179,550, did not pay the total of KRW 13,701,560 to four workers within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to wage ledgers, details of transactions by passbook, each business registration, average wages and retirement allowances;

1. Article 109 subparagraph 1 of the Labor Standards Act and Article 36 of the same Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of which payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The amount of money and valuables in arrears (54,622,883 won) with the reason for sentencing under Article 62(1) of the Criminal Act, and the defendant violates the Labor Standards Act.