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(영문) 수원지방법원 2018.01.31 2017고단5331

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the C representative director, a corporation located in Suwon-gu, Suwon-si, who is engaged in the LED lighting manufacturing business using ten full-time workers.

"2017 Highest 5331"

1. An employer in violation of the Labor Standards Act did not pay 68,769,40 won, including the total sum of wages and allowances for 5 employees, within 14 days from the date of the occurrence of the reason for such payment, even though he/she paid all money and valuables, such as wages, within 14 days from the date of the occurrence of the reason for such payment, unless there is an agreement between the parties concerned, even though he/she paid 8,789,820 won from March 25, 2016 to March 6, 2017.

2. An employer who violates the Act on Guarantee of Retirement Benefits for Workers has not paid retirement allowances within 14 days from the date of retirement in cases where the employee retired from office without agreement between the parties concerned, despite the fact that the employee was paid retirement allowances within 14 days from March 25, 2016 to March 31, 2017, including 2,072,329 won as well as 9,016,303 won in total for three employees as stated in the list of crimes in the attached Form.

Defendant 2, “2017 Highest 7641,” was employed on October 4, 2012 to July 31, 2016 at the same place of business, and did not pay the F’s retirement allowance6,084,720 of retired workers within 14 days from the date of retirement without any agreement on extension of payment deadline.

Summary of Evidence

"2017 Highest 5331"

1. Statement by the defendant in court;

1. Each statement prepared in D, E, G, H, and I;

1. A payment statement, etc. and a business registration certificate, "2017 Highest 7641";

1. Statement by the defendant in court;

1. Statement made to F with respect to the preparation of the explanatory note;

1. Application of statutes to inquire into workplace details;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense (i.e., payment of wages) and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.