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(영문) 인천지방법원 2021.03.31 2019고단5230

근로기준법위반등

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A defendant shall be punished by imprisonment for six 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

Of the facts charged in the case of “2019 Highest 5230, the Defendant was sentenced to one year of imprisonment for an auction obstruction at the Incheon District Court on June 25, 2020, and the above judgment became final and conclusive on November 14, 2020 on August 20, 2020 upon the cancellation of the public prosecutor’s prosecution as to the violation of the Labor Standards Act by each employee as stated in the attached Table No. 16, 17, 19, 20, 21, 25, and 29, and on November 20, 2020 as to the violation of the Labor Standards Act by the employees listed in the attached Table No. 7 at the net time (based on the fifth public trial record).

[Criminal facts] The Defendant is the representative director of Yeonsu-gu Incheon Metropolitan City C, who runs a construction business using 23 full-time workers.

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

Nevertheless, the defendant provided labor to the above workplace from November 15, 201 to January 21, 2018 and did not pay 2,000,171 won, including 1,692,30 won of wages of retired workers D, and 2,24, and 30 won, including 1,692,30 won, within 14 days from each retirement date, without agreement on the extension of payment deadline between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant provided his labor from February 1, 2017 to August 14, 2018 at the above workplace and provided his retired employee E’s retirement pay of KRW 4,379,175, as well as KRW 12,14.