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(영문) 전주지방법원 2016.02.04 2015고단1507

근로기준법위반

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the violation of the Labor Standards Act for Victims D, E, and F, and the same.

Reasons

Criminal facts

The defendant is the representative director of the limited company M in the Jeonsan-gu L, Jeonju-si, who has operated the construction business with 50 full-time workers.

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

However, Defendant 1 did not pay KRW 3,600,000 in total of the wages of the victim who retired from the above company from office from December 18, 2002 to November 15, 2005, including those that did not pay within 14 days from the date of his retirement, within the period of 14 days from the date of his retirement, as shown in the attached list of crimes (excluding No. 1,4,9,10,10,000 in total of wages of KRW 203,070 in total of wages of KRW 203,070,000 in total of wages of KRW 28,040,000 in total of wages of the prosecuted portion = 203,070,000 in total as wages of KRW 203,00 in total at the time of his indictment of KRW 67,00 in the attached list of crimes.

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.

In this regard, the Defendant did not pay KRW 5,160,650 of retirement allowances of the victim who retired from the above company from office from December 18, 2002 to November 15, 2005, including those that did not pay within 14 days from the date of retirement within 14 days from the date of retirement, and as described in Nos. 2, 3, 5, and 8 of the attached crime list 2,440,020 of total retirement allowances of KRW 23,109,720 of total retirement allowances of KRW 10,69,70 of total retirement allowances of the dismissed portion of public prosecution = 12,40,020 of retirement allowances of KRW 14 days from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by each labor supervisor in charge of P, Q, R, S, T, U, V, X, Y, Z, AA, AB, and AC;

1. Application of Acts and subordinate statutes to each written complaint and petition;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts (the fact that each wage is unpaid, the choice of imprisonment), Article 44 Subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act.