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(영문) 수원지방법원 2018.01.26 2017고단1669

근로기준법위반등

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 1669" is a representative director of C, a stock company in Masung City B, who ordinarily employs 24 workers and operates a construction business.

The Defendant did not pay KRW 8,158,837 of D retirement pay from April 1, 2013 to December 31, 2015, in total, 47,635,289 of wages and retirement allowances for six workers within 14 days from the date of retirement, as shown in the list of crimes in the separate sheet of crimes, including that the Defendant did not pay KRW 8,158,837 of D retirement pay, which was retired from his/her workplace, within 14 days from the date of retirement, without any agreement on the extension of the payment deadline between the parties.

The defendant of "2017 Highest 3786" is the representative of C Co., Ltd. located in Hasung City.

1. An employer in violation of the Labor Standards Act did not pay 7,787,00 won in total, including wages, to E who worked for the said company from October 15, 2014 to November 30, 2016, and 7,787,000 won in total, as wages of 5,654,00 won in September 2016, and 7,787,000 won in the said company from October 4, 2016 to November 30, 2016, to workers F who worked for the said company from November 30, 2016 without an agreement between the parties. < Amended by Act No. 14437, Nov. 1, 2016; Act No. 14332, Nov. 30, 2016>

2. An employer violating the Act on the Guarantee of Retirement Benefits of Workers has not paid 7,905,289 won of retirement allowances for retired workers E within 14 days from the date of retirement, unless agreed by the parties concerned, even though he/she has been in service as referred to in paragraph 1 above and has not paid 7,905,289 won within 14 days from the date of retirement,

Summary of Evidence

"2017 Highest 1669"

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement prepared by G, D, H, I, and J;

1. Statement on the overdue payment of wages;

1. Calculation of retirement allowances;