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(영문) 인천지방법원 2018.10.11 2016고단7195

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

Workers B, C, D, E, F, G, H, I, J, K, L, M, N,O, P, Q, among the facts charged in the instant case.

Reasons

Punishment of the crime

[2016 Highest 7195] The Defendant is the actual representative of Co., Ltd. V in Seo-gu Incheon, Seo-gu, Incheon, who employs 15 workers and operates the manufacturing business of lighting fixtures.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, while working from around June 11, 2014 to March 17, 2016, did not pay an amount equivalent to KRW 2,490,728 of WW’s retirement pay, and did not pay the amount equivalent to KRW 1 to 4,6,8,9, 11 through 14, 16, and 18 of the attached Table of Crimes, as described in the attached Table Nos. 1 to 6,8,9, 11 through 14, 16, and 18, did not pay an amount equivalent to KRW 82,761,934 of the wages and retirement allowances of 13 workers within 14 days from the date of retirement without an agreement

[2017 Highest 1238] The defendant is an actual representative of corporation V in Seo-gu Incheon, Seo-gu, Incheon, who employs 30 full-time workers and engages in the manufacturing of lighting fixtures.

The Defendant did not pay the total amount of KRW 10,445,087 and retirement allowances of KRW 1,425,433 within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline between the parties concerned, for the part of August 2016, 2016, including the amount of KRW 246,825, which was retired from the Defendant’s work by the said company from August 17, 2015 to August 18, 2016.

In addition, the Defendant did not pay an amount equivalent to the total amount of KRW 53,49,857 to five workers within 14 days from the date of retirement without agreement between the parties on the extension of the payment date, as stated in Nos. 2, 4, 7, 12, and 13 of the detailed statement of arrears in the wages of each individual.

[2017 senior group 6609] The defendant is the chairperson of V of the credit rating company.

On June 2016, the Defendant did not issue a letter of credit to the victim (or the State) Y directors of the Z on the non-permanent land due to the lack of current liquidity cash due to the purchase by the company in the small year.

At the same time, the letter of credit has been issued.