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(영문) 수원지방법원 2018.01.09 2017고단6598

근로기준법위반등

Text

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

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

(e).

Reasons

Punishment of the crime

Defendant 1 is an employer who employs 11 full-time workers under the trade name of "F" in Osan-si E and operates a wedding hall.

Defendant 1, as well as 14,778,439 won of G retirement pay of retired workers who worked from the above workplace from July 16, 2009 to January 31, 2017, and as indicated in the list of crimes in the attached Table (except for the part regarding Workers D, No. 3 of this year), did not pay 78,005,989 won (i.e., 109,498,585 won - 31,492,596 won) of total wages and retirement pay of 11 employees under his/her jurisdiction within 14 days from his/her retirement without agreement on extension of payment date.

Defendant 1, as the representative of “F” located in Osan-si E, Osan-si, 2017 group 7748, is an employer who runs a wedding business by using 15 full-time workers.

In the event that an employee retires, the employer did not pay the retirement allowance within 14 days from the date of his/her retirement without an agreement between the parties, despite the fact that he/she paid the retirement allowance within 14 days from the date of his/her retirement, from October 5, 2013 to February 15, 2017.

Summary of Evidence

"2017 Highest 6598"

1. Statement by the defendant in court;

1. Each statement of I, J, K, G, and L;

1. The average wage and the statement of the calculation of retirement allowances, and the details of arrears of the Fweing workers, each of whom is in arrears, "2017 Highest 7748";

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of statutes governing average wages and retirement allowances, and income collection receipts for wage and salary income;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to a violation of the Labor Standards Act for Workers J and M, and a violation of the Labor Standards Act for Workers' Retirement Benefits, and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.