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(영문) 창원지방법원 2019.10.11 2019고단853

근로기준법위반등

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A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Criminal facts

1. The defendant is the representative director of (ju)F located in Kimhae-si E, who is an employer who runs the business of manufacturing Aluminium with 24 regular workers.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 203,851,016 of wages and retirement allowances of 11 workers as shown in the attached Table 1 of the crime list within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The defendant is the representative director of (ju) E in Kimhae-si, who ordinarily employs 40 workers and operates the business of manufacturing Aluminium.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

The Defendant, while working as a production worker in the pertinent workplace from May 12, 2018 to July 5, 2018, did not pay 113,44,541 won in total, including 922,500 won in total of the wages of retired workers, as shown in attached Table 2 of the List of Crimes, within 14 days from the date of retirement, without an agreement on extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, I, J, K, G, L, M, and N;

1. Each simplified statement of theO, P, Q, R, S, T, U, V, W, J, X,K, M, N, and Y;

1. Each complaint and each petition;

1. Application of Acts and subordinate statutes to the special allowance, withholding receipt for wage and salary income, receipt for tax withholding for retirement income, payment record, employment contract, wage statement, average wage and retirement allowance calculation statement, details of remaining business, calculation of retirement allowance and retirement allowance calculation result of the calculation of retirement allowance;

1. Article 109(1) and Article 36 of the Labor Standards Act (the point of payment of wages) shall apply to the relevant criminal facts and the choice of punishment, respectively;