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(영문) 춘천지방법원 원주지원 2017.02.14 2016고단1033
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 the representative director of the Da Co., Ltd. located in Ansan-si, Ansan-si, Gyeonggi-do, and is an employer who employs 20 full-time workers at the D New Construction Site in Gangwon-do.

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

Nevertheless, the defendant from May 31, 2016 to the same year.

6. From March to August 31, 2016, E’s wage of KRW 5,120,00,000, retired from the above construction site, was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties, and the total amount of KRW 94,31,362, as shown in the list of crimes in the attached Table, was not paid within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant from April 14, 2015 to the same year.

6. By the end of 30.0, FF’s retirement allowances of KRW 4,451,362 that were retired from work as an on-site warden was not paid within 14 days from the date of retirement without agreement between the Parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition and each written statement;

1. Each public notice on arrears of wages;

1. Application of statutes on confirmation of facts, such as telephone;

1. Article 109 (1) and Article 36 of the Act on the Standards for Selective Labor, Articles 109 (1) and 36 of the Act on the Guarantee of Workers' Retirement Benefits, subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of Imprisonment with labor for each crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act

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