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(영문) 인천지방법원 2018.01.11 2017고단7190

근로기준법위반등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant of "2017 Highest 7190" is an employer who has employed five full-time workers in the trade name of "C" in the Nam-gu Incheon Metropolitan City B and engaged in the manufacturing industry.

1. The Defendant in violation of the Labor Standards Act did not pay the total amount of KRW 2,90,000 paid in December 2016, 2016 to the said workplace from November 17, 2016 to February 17, 2017, without agreement on extension of the payment deadline, within 14 days from the date of retirement, and did not pay the same within 14 days from the date of retirement, without agreement on extension of the payment deadline.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay KRW 7,583,561 of the retirement allowances retired in the said workplace from May 10, 2015 to March 31, 2017, within 14 days from the date of retirement without agreement on the extension of the payment deadline.

The defendant of "2017 Highest 8644" is the C representative in Nam-gu Incheon Metropolitan City, who is a full-time worker and operates an electronic component processing business.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay a total of KRW 3,600,000 for the wages of three workers, including KRW 1,600,000,000, which were wages of workers F retired while working in the said workplace from February 11, 2017 to March 31, 2017, and KRW 3,600,000, which were wages of KRW 1,60,000 for three workers, as indicated in the attached crime list, and did not pay KRW 9,90,000 for the total wages of three workers within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

Summary of Evidence

"2017 Highest 7190"

1. Statement by the defendant in court;

1. Each written statement;

1. A written statement of the calculation of retirement allowances "2017 Highest 8644";

1. Statement by the defendant in court;

1. A written petition;