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(영문) 인천지방법원 2016.08.24 2015고단3534
근로기준법위반등
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 the actual manager of D in Seo-gu Incheon, Seo-gu.

When a worker retires, an employer shall pay wages, retirement allowances, and other money and valuables within 14 days from the date of his/her retirement.

Defendant D from August 1, 2010 to July 16, 2014, and E’s retirement from office 2,200,000 won on May 5, 2014, and the same year.

6. Wages of 2,200,000 won, and the same year.

7. The employer did not pay 1,050,000,08,947, 808,947, 808,947, and 808,947, and 16,725,581, including 876,360,360, and 8,781,327, and 16,725,581, of the annual leave allowances for non-use of annual leave in 2013, as shown in the list of crimes in the separate sheet of crimes, for six employees, without agreement on the extension of the payment date between the parties.

Defendant 2, “2015 Highest 4054,” along with the fact that Defendant F, who was employed from January 9, 2012 to February 27, 2015, did not pay KRW 16,176,613, retirement allowance of KRW 11,569,651 within 14 days from the date of retirement, and did not pay KRW 31,215,113, retirement allowance of KRW 11,569,651 within 14 days from the date of retirement as stated in the details of personal arrears.

Summary of Evidence

"2015 Highest 3534"

1. Statement of the defendant in the first trial record;

1. Statement made by each special judicial police officer to G, H, E, I, and J;

1. Each petition of H, E,K, L, M, and J;

1. Each written statement of L and M: "2015 Highest 4054";

1. Statement of the defendant in the first trial record;

1. Statement made by a special judicial police officer with respect to F;

1. Each petition of F, N,O, P, and Q;

1. Written statements in N,O, P, and Q;

1. Application of each Act and subordinate statutes on the details of benefits;

1. Articles 109(1) and 36 of the Labor Standards Act (wages....) of the relevant Act on criminal facts;

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