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(영문) 의정부지방법원 2013.12.20 2013고단858
근로기준법위반
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.

(e).

Reasons

Punishment of the crime

[2013 Height858]

1. The Defendant is the representative of the AO Co., Ltd. in Yangju City, who ordinarily employs 50 workers and engages in the manufacturing industry.

The Defendant did not pay KRW 914,483 of AO, which worked from the middle of March 2012 to November 20, 2012 at the same place of business, within 14 days from the date of each retirement, without agreement between the parties to the extension of the payment date.

[2013 Highest 1883]

2. The Defendant is the representative of the AO Co., Ltd. in Yangju City, who ordinarily employs 50 workers and engages in the manufacturing industry.

The Defendant worked for the said enterprise from December 1, 2012 to March 10, 2013, and did not pay a total of KRW 9,484,570 to five workers, as indicated in attached Table 28 to 32, as well as KRW 2,050,00,00 of the AP wage of retired workers on March 11, 2013, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties to the extension of the due date.

[2013 Highest 3181]

3. The Defendant is a representative director of AM company (N) located in Yangju, who is an employer who operates a bread manufacturing business using 50 full-time workers.

The Defendant in violation of the Labor Standards Act was employed by the foregoing company from July 17, 2012 to March 31, 2013, and was employed by the said company, and was employed on April 1, 2013 of the same year as wages of KRW 1,350,00 for February 1, 2013 of Q Q retired on April 1, 2013 of the same year and did not pay KRW 27,484,275 in total of 10 workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits was serving in the said company from September 29, 201 to May 30, 2013, and served as retirement allowance of an employee AR retired on May 31, 2013, and as indicated in the No. 4, 6, 9, and 12 set forth in the attached Table 3, including KRW 14,308,933 in total among the parties.

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