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(영문) 의정부지방법원 2019.01.11 2018고단1014
근로기준법위반등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant of "2018 Highest 1014" is the representative director of C, a corporation in both weeks, who operates a logistics delivery agency business using five full-time workers.

The Defendant did not pay the total of KRW 25,203,225 and retirement allowances of KRW 9,786,43, and KRW 34,989,668 within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date, within 25,203,225,225, and retirement allowances of KRW 9,786,443, which the Defendant worked from the said company from April 1, 2014 to July 30, 2017.

The defendant of "2018 Highest 1268" is the representative director of C, a corporation in both weeks, who operates a logistics delivery agency business using six full-time workers.

The Defendant did not pay KRW 23,920,690 to 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment, as shown in the attached crime list, including the payment of KRW 1,408,80 in October 2017, and the amount of KRW 149,110 in November 2017, which the Defendant worked in the above company from December 12, 2016 to November 3, 2017.

Summary of Evidence

"2018 Highest 1014"

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A detailed statement of payment of wages;

1. A written calculation of average wages and retirement allowances;

1. Inquiry of details of financial transactions;

1. Employment insurance history bureau, employment insurance business establishment card "2018 Highest 1268";

1. Defendant's legal statement;

1. Each report on the delayed payment of wages in E, F, G, H, I, J, K, L, M, and N;

1. Written complaints fromO, P, Q, R, S, and M;

1. Each authentic statement of E, F, G, H, I, Q, S, P, R, andO;

1. Details of confirmation of fact, such as telephone;

1. A specification of liquidity transactions;

1. Details of passbook transactions;

1. Details of text transmission;

1. Application of Acts and subordinate statutes on details of overdue wages;

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts;

1. The two crimes against D of Articles 40 and 50 of the Criminal Code of the Commercial Competition.

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