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(영문) 의정부지방법원 고양지원 2019.10.16 2019고단2054

근로기준법위반등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant is the user who operates K in the manufacturing company in the J of Pakistan-si.

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

Nevertheless, the Defendant did not pay a total of two workers’ wages within 14 days from the date of retirement, as indicated in the attached Table 2 and 3, including L’s total wage of 1,367,910 won from April 15, 2018 to May 29, 2018, while serving in the said workplace from around September 15, 2015 to around May 20, 2018.

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

Nevertheless, the Defendant did not pay a total of two workers' retirement allowances within 14 days from the date of retirement, as stated in the attached Table 2 and 3, including L retirement allowance 2,365,180, retired while serving in the said workplace from September 15, 2015 to May 29, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of M;

1. Application of L/L genuine Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of imprisonment with prison labor chosen;

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

1. The fact that the total amount of unpaid wages for sentencing under Article 62(1) of the Criminal Act is 1,642,910, the unpaid retirement allowance is 6,074,530, the fact that the unpaid retirement allowance is 6,074,530, the fact that the current efforts are made to liquidate the unpaid wages, and due to managerial aggravation