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(영문) 서울동부지방법원 2017.04.17 2016고단3426

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is the employer who runs a construction business, etc. as the president and the actual manager of E and F Co., Ltd. in Songpa-gu Seoul Metropolitan Government (hereinafter “E” and “F”), and two companies are the chairman and the actual manager of E and F Co., Ltd. (hereinafter “instant company”).

"2016 Highest 3426"

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

Nevertheless, the Defendant worked at E’s workplace from October 19, 2015 to October 31, 2015, and did not pay KRW 1,548,000 of G wages of retired workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, and did not pay KRW 710,651,81,00 in total for workers’ wages and annual settlement of accounts within 14 days from the date of retirement, as shown in the list of crimes in the attached Table.

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, at the E’s workplace, worked from November 1, 2014 to December 10, 2015, did not pay KRW 4,184,316 of the retirement allowances of H of retired workers within 14 days from the date of retirement, and did not pay KRW 292,958,390 in total for 34 employees, as shown in the list of crimes in the attached Form.

When an employer of the 2016 Highest 4191 retires, he/she shall pay wages, compensations, and all other money and valuables within 14 days after the ground for such payment occurred.

Nevertheless, the Defendant, from May 1, 2014 to January 12, 2015, worked at the Moel Construction Work site located in E in E, and did not pay KRW 5,440,000 to retired workers J within 14 days from the date of retirement.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Each legal statement of the witness K, L and J;

1. K. H.