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(영문) 전주지방법원 군산지원 2016.01.11 2015고단882

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.

(e).

Reasons

Punishment of the crime

The defendant is the representative director of F Co., Ltd. in North Korea-si E, North Korea-si, who runs a manufacturing business.

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

Defendant did not pay six retired workers’ wages within 14 days from the date of occurrence of the relevant payment cause without agreement between the respective parties on the extension of the payment date, such as G’s wage of KRW 1,008,375, Nov. 1, 2014, which had worked at the said workplace from November 13, 2013 to May 11, 2015.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Defendant did not pay KRW 2,252,542 of G retirement pay from November 13, 2013 to May 11, 2015 at the same place of business within 14 days from the date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, G, and I;

1. Written statements of J, K and L;

1. Application of Acts and subordinate statutes to the average wages and a written statement of retirement allowance (89 pages of investigation records);

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the facts constituting an offense (including failure to liquidate gold), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact of failure to pay gold);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Part concerning the dismissal of a public prosecution under Article 62(1) of the Criminal Act (i.e., the payment by substitute payment from the Labor Welfare Corporation to Workers J, L, K, and G in the amount of three million won each, 1,857,620 won each to I, 1,857,620 won each, and 1)

1. Summary of the facts charged

A. The Defendant is working in the above workplace as in the four-year period table of the crimes committed in the annexed sheet. The Defendant retired on March 4, 2015.