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(영문) 창원지방법원 2020.12.09 2020고단2060
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[200 Highest 2060] The Defendant is an employer who runs the automobile parts manufacturing business under the trade name of Co., Ltd. with 30 full-time workers in Kimhae-si B.

When a worker retires, the employer shall pay wages, retirement allowances, compensation, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless otherwise agreed by the parties to the extension of the due date.

Nevertheless, the defendant is working from November 11, 2014 to May 31, 2019 at the above workplace.

D's wages of 3,800,000 won in March 2019, wages of 3,750,000 won in April 2019, retirement allowances of 17,214,940 won in retirement allowances of 17,940 won in and of 24 August 2005 to May 31, 2019.

The retirement allowance of the retired E, including 41,416,175 won, was not paid within 14 days from the date of retirement of each worker, without any agreement between the parties on the extension of the due date.

[200 Highest 2531] The Defendant is an employer who runs the business of manufacturing motor vehicle parts in the trade name of a stock company C with 30 full-time workers in Kimhae-si B.

When a worker retires, the employer shall pay wages, retirement allowances, compensation, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless otherwise agreed by the parties to the extension of the due date.

Nevertheless, the defendant is working from February 16, 2012 to December 31, 2018 at the above workplace.

The retirement allowance of retired FF 19,708,135 won was not paid within 14 days from the date of F's retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes to each investigation report, average wages and retirement allowances calculation report, and benefit ledger;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts (the fact that wages are not paid) and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.

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