beta
(영문) 의정부지방법원 2018.12.14 2018고단682

근로기준법위반등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant of "2018 Highest 682" is the representative of D Co., Ltd. in Namyang-si, Namyang-si, who runs real estate sales business using four full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay the monthly wage of KRW 3,260,00,00 for each month from April 18, 2017 to October 23, 2017, and the monthly wage of KRW 20,211,99 for October 2017, even though there was no agreement between the parties on the extension of the payment date, the Defendant did not pay the monthly wage of KRW 3,260,00 for each month from April 18, 2017 to September 23, 2017 within 14 days from the date of retirement.

The defendant of "2018 Highest 3381" is a user who runs a real estate development business by employing two full-time workers as a representative of D Company in Namyang-si C.

1. On February 1, 2018, the Defendant violated the Labor Standards Act, while working for the said company on April 22, 2018, and did not pay KRW 1,500,000, total wage of KRW 1,500,000 from October 22, 2017 to March 2018 of F retired on April 22, 2018, and KRW 10,100,000, total wage of KRW 1,100,000 on April 2018 within 14 days from the date of occurrence of the relevant payment cause, without any agreement between the parties on the extension of the payment date.

2. The Defendant in violation of the Act on the Guarantee of Retirement Benefits for Workers did not pay KRW 1,832,877 of the above F's retirement allowances, as above, within 14 days from the date on which the grounds for such payment occurred, without any agreement between the parties on the extension of payment

Summary of Evidence

"2018 Highest 682"

1. Statement by the defendant in court;

1. A copy and written statement of the E preparation;

1. A written confirmation of service;

1. Business registration certificate;

1. Characteric message photograph "2018 Highest 3381";

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written calculation of retirement allowances;

1. Labor contract;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Each of the relevant Articles of the Act concerning the facts of crime;