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Reasons
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(영문) 수원지방법원 2017.01.12 2016고단3565
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a business operator who employs 33 full-time workers as a representative director of the C (State) located in the population B in Young-si and operates a recycling business.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 34,939,040 won, including the sum of 1,321,300 won in January 2016, and 289,440 won in February 2016, under the above company’s control from March 7, 2014 to February 5, 2016, including 34,939,040 won in total, including 25 retired workers, within 14 days from the date of retirement without an agreement between the parties to extend the due date under an agreement.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the total amount of KRW 56,51,059 as well as KRW 2,260,251 as well as KRW 2,250,251 of the retirement allowances of the above D within 14 days from the date of retirement without an agreement between the parties on the payment date under an agreement between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition;

1. A statement on the details of arrears;

1. Application of Acts and subordinate statutes on salary specifications;

1. Article 109 (1) and Article 36 of the Act on the Standards for Selective Labor, Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, Articles 44 of the Act on the Guarantee of Workers' Retirement Benefits, Articles 109 (1) and 36 of the same Act concerning facts constituting an offense, and the choice of imprisonment or imprisonment

1. Article 62(1) of the Criminal Act on the suspension of execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2009Da15488, Apr. 2,

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