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(영문) 인천지방법원 부천지원 2017.09.22 2017고단1666
근로기준법위반등
Text

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 became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the D Electronic Representative Co. C 104 413 dong 413, the defendant is a full-time worker who runs the manufacturing business of electric power circuit circuit breakers.

Where a worker dies or retires, the employer shall pay the wages, compensations, and other money and other valuables and retirement allowances within 14 days after the ground for such payment occurred, and where the contributions to the relevant participant are unpaid at the time the grounds prescribed by Presidential Decree arise, such as retirement of the participant of the retirement pension plan during the fixed period, he/she shall pay the contributions and interest accrued on the late payment period to the relevant participant within 14 days after the ground for such payment occurred: Provided, That the payment deadline may be extended or the payment deadline may be extended by an agreement between the parties concerned, in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of wages of four workers, including KRW 2,360,710,00 in total, KRW 46,710,00 in total, KRW 14,179,00 in total, KRW 200 in total, KRW 7,919,300 in retirement pay, KRW 7,919,30 in retirement pay, and KRW 2,279,59,120 in retirement pension for the fixed period, and KRW 189,120 in the attached crime list 1 through 4 years in total, or KRW 46,710,00 in retirement pay, KRW 14,179, interest and delayed payment of unpaid retirement pension for the fixed period from October 1, 2009 to October 26, 2016, or KRW 14,179,030 in total, KRW 218,3146,310 in each of the parties' retirement pension plan within the fixed date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A detailed statement of the amount in arrears, details of calculation of the amount in arrears of retirement pension contributions, calculation of interest on delayed payment, average wages and retirement allowances;

1. Application of Acts and subordinate statutes on a petition;

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

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