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(영문) 창원지방법원 밀양지원 2019.07.04 2019고단180

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six 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 a person who has operated a motor vehicle parts manufacturing company in the trade name of C and D in the Gannam-si-si.

1. An employer violating the Labor Standards Act shall, in case where a worker dies or retires, pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date; and

Nevertheless, the Defendant is working from June 8, 2015 to February 28, 2019 in C.

The number of wages of three workers, including wage 2,908,740 won on January 201, 2019 E, including three workers, did not pay 19,012,278 won in total within 14 days from the date of retirement without any agreement on the extension of the due date between the parties, as shown in the attached list of crimes.

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

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from June 8, 2015 to February 28, 2019 in C.

The retirement allowances of Myanmar-registered workers E, including 5,176,466 won, did not pay 28,788,158 won in total for five workers within 14 days from the date of retirement without any agreement on extension of the due date between the parties, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement and written petition;

1. Each statement of calculation of average wages and retirement allowances, each statement of non-performance, and each statement of salary as a result of calculation of retirement allowances;

1. Number of investigative data (detailed statement of calculation of retirement allowances);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts (the violation of the obligation to liquidate money and other valuables) and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.