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(영문) 수원지방법원 안산지원 2016.12.20 2016고단4174
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an employer who has been engaged in gold-type manufacturing business using ten full-time workers as a real manager in Ansan-si Group B.

1. Where an employer violating the Labor Standards Act retires, he/she shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date due to special circumstances;

Defendant is working in the above workplace on October 22, 2014 to April 30, 2016.

The total amount of wages of retired workers D 29,106,100 won was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, and the total amount of wages of four retired workers, as shown in the attached Table, including the details of personal overdue payment money and valuables, was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

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, unless otherwise agreed by the parties concerned on the extension of the fixed date.

Defendant is working in the above workplace on October 22, 2014 to April 30, 2016.

7,306,559 won of retirement allowances of retired workers D was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties, and the total amount of 24,712,624 won of retirement allowances of 4 retirement workers was not paid within 14 days from the date of retirement without any agreement on the extension of the due date, as shown in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, F, and G;

1. Application of statutes on details of unpaid money and valuables;

1. Article applicable to criminal facts;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts as well as the choice of punishment, respectively;

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