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(영문) 수원지방법원 평택지원 2019.06.20 2019고단423

근로기준법위반등

Text

A defendant shall be punished by imprisonment with prison labor for three months.

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

Reasons

Punishment of the crime

The defendant, as the representative of Co., Ltd. C in Ansan-si B, is an employer who runs lighting manufacturing business using seven regular workers.

1. Where an employer in violation of the Labor Standards Act dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the ground for such payment occurred, but the Defendant is working from December 14, 2017 to December 18, 2018.

A retired worker D’s total amount of KRW 1,813,33 on November 2018, and KRW 2,850,433 on December 2018, 2018, did not pay the total amount of KRW 1,037,100 on the date of the retirement within 14 days from the date of the retirement without an agreement on the extension of the due date between the parties, and did not pay the total amount of KRW 14,365,483 on the date of the retirement within 14 days from the date of the retirement without an agreement on the extension of the due date between the parties.

2. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer shall pay retirement allowances within 14 days from the date on which the cause for such payment occurred, but the accused shall work from December 14, 2017 to December 18, 2018.

The retirement allowances of KRW 1,681,805 of retired workers D were not paid within 14 days from the date of the retirement without any agreement between the parties on the extension of the due date, and the total amount of KRW 7,973,226 of the retirement allowances to four retired workers was not paid within 14 days from the date of the retirement without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the police officer on the workers indicated in the attached list of crimes;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts (which refers to unpaid wages, etc.) and Article 44 Subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.