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(영문) 수원지방법원 안양지원 2017.02.09 2015고단1487

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative of E Co., Ltd., which has been in accordance with subparagraph 1017 of the Dong-gu building B during Ansan-si, and is an employer who ordinarily employs three full-time workers to conduct interior construction business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless there exists any special reason.

In addition, an employer should pay a retirement allowance within 14 days from the date on which the reason for payment occurred, unless there are special circumstances.

1. The Defendant violated the Labor Standards Act at the foregoing workplace on July 1, 2013, from around July 25, 2014 to around July 25, 2014, determined that the prosecutor dismissed the prosecution by cancelling the prosecution for the part of the attached Table Nos. 1, 2, 3, 5, and 48,845,290 of the wages of workers F, who worked in the workplace from around July 1, 2013 to around the same day.

As described above, 54,709,100 won in total for two workers was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers in the foregoing workplace, without any agreement between the parties on the extension of the payment date, of KRW 6,049,960 from July 1, 2013 to October 10, 2014, the Defendant did not pay KRW 6,049,960 from the date of retirement within 14 days from the date of retirement.

Summary of Evidence

1. The same shall apply to the evidence records of the case 1487 high-level 2015 high-ranking police officers in the interrogation of the suspect against the defendant;

1. A statement prepared by the F;

1. Each written petition for G production;

1. Application of Acts and subordinate statutes governing fact-finding, including telephone;

1. Article 109(1) and Article 36 of the Labor Standards Act (hereafter referred to as “paid wage”) for facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (hereafter referred to as “paid wage”);

1. Articles 40 and 50 of the Criminal Code of the Commercial Competition (limited to the violation of the Labor Standards Act for Workers G and the violation of the Workers' Retirement Benefit Security Act).