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(영문) 수원지방법원 2015.10.02 2015고단1339

근로기준법위반등

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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant operates the manufacturing industry with 23 full-time workers under the trade name of D Co., Ltd. (hereinafter referred to as "Co., Ltd.") at the time of harmony.

When a worker retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date of retirement, unless otherwise agreed by the parties concerned about the extension of the due date for the payment.

Nevertheless, the Defendant is working in the above workplace from November 2, 2009 to September 15, 2014.

The retired E’s wages of KRW 102,514,437 and the total retirement allowances of KRW 212,913,000, including KRW 6,880,676, and KRW 23 of the wages of 23 workers listed in the attached list of crimes in the attached list of crimes, were not paid within 14 days from the date of occurrence of the cause for the payment, without agreement between the parties on the extension of payment

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F, G, and E;

1. Application of Acts and subordinate statutes on arrears;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act; and choice of imprisonment with labor for each type of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Act on the Suspension of Execution does not allow an employer to delay the payment of wages or retirement allowances to employees on the sole ground that the Defendant’s assertion on the responsibility of the Defendant’s assertion on the responsibility of the denial of payment of wages or retirement allowances is unfair, and it is recognized that the employer was unable to prevent the delayed payment of wages or retirement allowances, even if all gender and efforts were made, and that the employer was unable to expect more lawful acts or was deemed as an inevitable circumstance, it can only be deemed as a ground for rejecting liability for a violation of the obligation to pay wages or retirement allowances within the due date

(see, e.g., Supreme Court Decision 2014Do12753, Feb. 12, 2015). The Defendant interfered with the management director F and his employees.