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(영문) 인천지방법원 2019.02.15 2018고단4936

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four 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 is a user who runs wholesale and retail business using 40 full-time workers as the representative of Gangnam-gu Seoul Building and Cdong Underground Group D Co., Ltd.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant provided labor at the F Burial located in Jung-gu Incheon Metropolitan City from February 1, 2017 to February 28, 2018, and did not pay KRW 20,370,895, respectively, within 14 days from the date of each retirement without agreement on the extension of the due date between the parties, including KRW 1,884,717, and KRW 2,805,774, the amount of wages of KRW 1,887, and February 2, 2018 of KRW 1,887, and the amount of wages of KRW 20,80,895, including the above G, as indicated in the attached list of crimes.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant provided labor from February 1, 2017 to February 28, 2018 in Jung-gu, Incheon and did not pay 11,404,026 won, including three employees including the above G, within 14 days from each retirement day without agreement on the extension of the payment period between the parties concerned, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G, H, I, J, K, L, and M;

1. Details of benefits, each benefit passbook, each statement of transactions, and each annual salary contract;

1. Details of accrued money and goods and details of accrued money and goods;

1. Application of statutes on business registration certificates;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act.