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(영문) 광주지방법원 목포지원 2020.01.31 2019고단730
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in Jeonnam-gun, and is an employer who operates a self-manufacturing business with 16 full-time workers.

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

Nevertheless, the Defendant worked from September 15, 2014 to June 26, 2015 at the same place of business, and failed to pay KRW 760,379 on March 3, 2015 of retired workers D, within 14 days from the date of his/her retirement, and did not pay KRW 51,284,579 on the total amount of wages of 14 workers within 14 days from the date of his/her retirement.

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

Nevertheless, the Defendant, at the same place of business, worked from November 1, 2013 to June 26, 2015, did not pay KRW 6,198,630, respectively, within 14 days from the date of retirement, including KRW 4,239,780, as well as KRW 4,239,780 of retirement allowances E of retired workers, as shown in [Attachment 4,7] No. 4,7.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to the Act and subordinate statutes, such as a petition, a list of workers, a statement of delayed payment of individual money and valuables, a ledger of wage, a labor ledger, an average wage and retirement allowance calculation statement,

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The dismissal of prosecution under Article 62 (1) of the Criminal Act

1. Summary of the facts charged

A. Violation of the Labor Standards Act

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