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(영문) 의정부지방법원 2014.02.14 2013고단1431

근로기준법위반등

Text

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

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

(e).

Reasons

Punishment of the crime

The defendant, as the representative of K in Southyang-si, has employed 20 full-time workers and operated construction test equipment, service and manufacture and sale business.

1. [Attachment 2013 Highest 1431] The Defendant works from June 7, 2010 to April 8, 2012

The wages of the retired worker M shall be 94,540 won and retirement allowances of 3,363,760 won, the retirement allowances of 18,616,450 won from July 2, 2004 to August 31, 2012, and the retirement allowances of N of her retired worker from work during the period from September 21, 2009 to March 30, 2012, and 25,420,240 won in total shall not be paid within 14 days from the date of the retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment date.

2. [Attachment 2013 Highest 1898]

A. The Defendant in violation of the Labor Standards Act was serving in the foregoing company from June 21, 199 to October 30, 2012, and did not pay the wages of 53,819,364 won of retired P, as well as the wages of Q 3,328,740 won 57,148,104 won in total, from October 20, 201 to November 12, 2012.

B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits was serving in the said company from June 21, 199 to October 30, 2012, and did not pay KRW 44,365,450 of retirement pay of the retired P, as well as KRW 1,826,580 of retirement pay of Q, which was serving from October 20 to November 12, 2012, as well as KRW 46,192,030 of retirement pay of Q, which was serving in the said company, within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

3. [Attachment 2013 Highest 3315] The Defendant did not pay an aggregate of 96,125,030 retirement allowances for six workers within 14 days from the date of the occurrence of the cause for payment, as stated in [Attachment 2] Nos. 3 through 8, as well as 25,926,570 retirement allowances for retired workers, from January 14, 2006 to May 25, 2013, as well as 25,926,570 retirement allowances for retired workers.

(i) the evidence;