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(영문) 인천지방법원 2019.07.25 2019고단1985
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 a user who runs a car-free sales and maintenance business using seven full-time workers in Bupyeong-gu Incheon, Incheon.

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

Nevertheless, the Defendant provided labor to the said workplace from August 14, 2013 to October 11, 2018, and provided labor to the retired worker D’s KRW 1,260,000 on October 2, 2018, and paid KRW 3,280,000 on October 2, 2011 to October 11, 2018, and did not pay KRW 660,000 on October 201, 2018, and from June 1, 2010 to October 11, 2018, to three retired workers, including wages 1,360,000, and paid KRW 3,280,000 on March 1, 208, without agreement between the parties to the contract.

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; and

Nevertheless, the Defendant provided his/her labor from December 1, 2006 to August 25, 2018, and provided his/her retired worker G retirement pay 28,653,757, August 14, 2013 to October 11, 2018, and did not provide his/her retired worker D retirement pay 10,609,440, October 2, 201 to October 11, 2018, and provided his/her retired worker E retirement pay 14,76,295, and from June 11, 2010 to October 11, 2018, and did not pay his/her retirement pay his/her retirement allowance from the date of payment without agreement between the parties to the agreement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. The application of the Acts and subordinate statutes to confirm each average wage and retirement allowance calculation statement, telephone, etc.;

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