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(영문) 수원지방법원 여주지원 2016.01.25 2015고단184

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant of "2015 Highest 184" is a representative operating C in Gyeonggi-si B and employs 19 full-time workers and engages in self-manufacturing business.

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

Nevertheless, the defendant did not pay the wages of 59,964,975 won for 6 workers within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties to the above workplace from July 1, 2008 to June 30, 2014, including that of 778,195 won for June 2013, without any agreement on the extension of the payment deadline, and that of 59,964,975 won for 6 workers from the date of retirement, as described in the list of crimes.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the defendant did not pay 28,376,390 won of retirement allowance for 6 workers within 14 days from the date of retirement without agreement on the extension of the payment deadline to D, who worked in the above workplace from July 1, 2008 to June 30, 2014, as shown in the list of crimes in the attached Table, to D, who did not pay 8,592,230 won of retirement allowance within 14 days from the date of retirement without agreement on the extension of payment deadline between the parties.

The defendant of "2015 Highest 428" is a person who has operated C's own factory.

From around April 29, 2007, the Defendant entered into a contract for securing 100 million won of soil price in the Japanese comprehensive law firm located in Sungnam-dong 94-3, Sungnam-dong, Sungnam-dong, on April 29, 2010, to set up a security for transfer of the Defendant’s own Doma G 1st, one’s own Doma, in order to secure 100 million won of soil price.

The defendant as above.