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(영문) 전주지방법원 군산지원 2017.01.18 2016고단953

근로기준법위반등

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

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

Reasons

Punishment of the crime

The defendant is a D business owner in the Gunsan-si C, who employs approximately 12 full-time workers, and operates a food manufacturing business.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and extend the date by mutual agreement between the parties concerned, if any special circumstance exists;

Nevertheless, the Defendant did not pay KRW 27,308,298,298 within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment, as stated in the attached Form’s statement on May 24, 2015, including KRW 1,536,00, which retired from office as the Defendant had worked at the said workplace from December 19, 201 to June 24, 2016, for the aggregate of the wages of 8 employees (E, F, G, H, I, J,K, and L).

2. An employer who violates a guarantee of retirement benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, and extend the payment date by mutual agreement between the parties concerned in special circumstances;

Nevertheless, the Defendant did not pay 41,639,085 won (E, F, G, H, I, J, and K)’s total amount of retirement pay of 7 employees (E, F, H, I, K, and K) within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline, as stated in the notice of payment in the attached Form, including E’s retirement pay 2,091,58, which was retired from the Defendant’s place of business from December 19, 201 to June 24, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against L or I;

1. Each written petition and fact-finding confirmation (a list Nos. 1 through 4);

1. Copy of business registration certificate;

1. Application of Acts and subordinate statutes to an average wage and retirement allowance calculation book, and benefit ledger;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense (the violation of the duty to liquidate money and goods) and Article 44 Subparag. 1 of the Guarantee of Retirement Benefits for respective workers.