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(영문) 수원지방법원 평택지원 2015.07.23 2014고단1727
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.

(e).

Reasons

Punishment of the crime

The defendant is the representative director of corporation C in Pyeongtaek-si B, who runs the business of manufacturing semiconductor equipment using 30 full-time workers.

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

Nevertheless, the Defendant, at the above workplace from November 1, 2010 to June 30, 2014, failed to pay KRW 1,303,860 to retired workers D within 14 days from the date of his/her retirement without any agreement on extension of the due date, as stated in the attached Table Nos. 8, 9, 10, and 17, such as where he/she fails to pay KRW 49,989,760 to four retired workers, as stated in the attached Table No. 8, 9, 10, and 17.

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, at the foregoing place of business, served as from November 1, 2010 to June 30, 2014 and served as retirement allowances of retired workers D, 9,061,123, as well as the number of years in arrears in the attached Form.

8. As shown in 9, the retirement allowances for two retired workers were not paid in total 17,566,486 won within 14 days from the date of retirement without agreement on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to wage ledgers and retirement allowances;

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

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

1. Summary of the facts charged concerning the dismissal of prosecution under Article 62 (1) of the Criminal Act;

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

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