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(영문) 수원지방법원안산지원 2020.10.15 2020고단628
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. The Defendant in violation of the Labor Standards Act is the representative of the Songpa-gu Seoul Metropolitan Government Council for the settlement of disputes in the second floor, who employs not less than 60 full-time workers and operates the distribution delivery business.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned about the extension of the due date for payment.

Nevertheless, from January 1, 2018 to June 30, 2019, the Defendant, including KK’s wage of 2,400,000 won in June 2, 2019, as indicated in the attached Table 1 to 3,6,7,9,10,12,15, and 16, total wages of 10 retired workers, as shown in the attached Table 1 to 6,200,000 = 2,40,000 won per annum 1 to 2,40,000 won per annum 2,90,000,000 won per annum 6 to 2,80,000,000 won per annum 2,90,000,000 won per annum 2,90,0000 won per annum 2,90,000 won per annum 2,000 won per annum, 200,000 won per party.

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 from the date of such retirement, unless otherwise agreed by the parties concerned about the extension of the

Nevertheless, the defendant has worked in the above period and the above place.

The retirement allowances of the above K, including KRW 4,290,411, did not pay 7,174,258 won in total for two retirement allowances of the retired workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about L, K, M, N,O, P, Q, R, and S;

1. A written statement;

1. To apply the details of transactions, deposit details, and overdue interest Acts and subordinate statutes;

1. Article 109(1) of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019; hereinafter the same) on criminal facts.

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