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(영문) 수원지방법원 여주지원 2020.04.20 2019고단164

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six 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 is the representative director of C in Leecheon-si, who is engaged in the business of manufacturing milk products using 19 full-time workers.

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

The defendant shall work in the relevant workplace from April 26, 2016 to March 6, 2018.

The total amount of unpaid wages of retired workers D 3,755,211 won shall not be paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in the attached list of crimes.

The 58,423,970 won was not paid within 14 days without an agreement between the parties on the extension of the due date for payment between the 19 retired workers (excluding No. 20,21 annually among the total 21 workers).

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

The defendant shall work in the relevant workplace from April 26, 2016 to March 6, 2018.

The retirement allowances of 5,239,400 won of retired workers D's retirement allowances shall not be paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in the attached list of crimes.

The total amount of 70,040,199 won of retirement allowances of 14 workers (excluding Nos. 2,4,7,8,10,11, and 12 of the total number of 21 workers) were not paid within 14 days without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Each written appeal and each written statement;

1. A detailed statement, etc. of calculation of benefits and retirement allowances;

1. Application of Acts and subordinate statutes, such as details of arrears;

1. Relevant statutes concerning criminal facts: The former Labor Standards Act, respectively, on November 28, 2017.