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(영문) 청주지방법원 충주지원 2014.04.04 2013고단631
근로기준법위반등
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

The defendant is the representative director of AA in the Z, who is a corporation with the Z and operates the meat processing food industry, etc. using 50 full time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money or valuables, such as wages, within fourteen days from the date of retirement unless the employer has agreed on the extension of the due date;

Nevertheless, the Defendant did not pay KRW 1,791,480, respectively, within 14 days from the date of retirement, as stated in attached Table 1, 4, 10, 11, 12, and 23, as well as KRW 466,660, August 8, 2013 of AB, who worked as the chief of accounting department from April 16, 2007 to August 5, 2013 at the above place of business, without agreement on extension of the due date between the parties.

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 from the date of retirement, unless agreed upon the extension of the due date between the parties concerned

Nevertheless, the Defendant appears to have written indictment of KRW 17,451,260 as retirement pay of KRW 17,451,260, and KRW 17,917,920, which served as the chief of accounting department from April 16, 2007 to August 5, 2013 at the above workplace.

No. 1,4,10,11,12,23, and24 of the annexed Table Nos. 1, 4, 10, 10, 11, 23, and 24 of the annexed Table of Crimes, including B, did not pay the total amount of KRW 40,505,440 within 14 days from the date of retirement, without any agreement on the extension

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written complaints and written confirmation of trade name;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 of the Criminal Act:

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