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(영문) 대전지방법원 천안지원 2015.02.13 2014고단913
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

The Defendant is the actual manager of the D Co., Ltd. (D Co., Ltd. 502) and the F Co., Ltd. (F Co., Ltd. 301) of the 301st floor of the 301st floor of the 201st floor of the 301st floor of the 301st unit of the 200

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, from August 28, 2010 to March 7, 2014, the Defendant is serving as a cargo driver in Samggggle, etc., Co., Ltd., Ltd., which is located in Seogggggro 253, Seoggro-gu, Seocheon-gu, Seoan-do.

With respect to retired workers G, 20, including 1,350,000 won of wages on February 2, 2014, 77,332,307 won in total, such as wages, etc., were not paid within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned, as shown in the list of crimes.

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, from August 28, 2010 to March 7, 2014, the Defendant is serving as a cargo driver in Samggggle, etc., Co., Ltd., Ltd., which is located in Seogggggro 253, Seoggro-gu, Seocheon-gu, Seoan-do.

A retirement allowance of retired workers G, including 8,845,090 won, was not paid to 22 retired workers in total, 253,996,993 won, such as the written list of crimes, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of a witness G, H, I, J, K, L, M and N;

1. Each petition of theO, P, Q, R, S, I, T, and U;

1. Application of Acts and subordinate statutes to each benefit ledger, each detailed statement of overdue money and valuables, and each written calculation of retirement pay;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts and retirement benefits.

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