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(영문) 수원지방법원 2021.01.28 2020고단1568
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is the actual representative of the “C” located B at the time of harmony, and is an employer who runs manufacturing business, etc. using six full-time workers.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay wages of 4,844,43 won, retirement allowance of 13,392,230 won, and retirement allowance of 13,392,230 won, from April 20, 201 to November 25, 2019, to 3,056,100 won, from October 20, 201 to November 25, 2019, during the period from October 201, 201, to 3,056,10 won, retirement allowance of 15,02,630 won, from March 14, 201 to November 25, 2019, to 10,500 won within the period from October 1, 201 to 3, 105, 198; and

Accordingly, the Defendant did not pay the total amount of KRW 15,810,743 and the total amount of KRW 47,683,210 to four workers within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on verification of facts, such as a petition, details of calculation of the unpaid wages and retirement allowances by worker, and each telephone;

1. Relevant legal provisions concerning criminal facts;

A. The fact that wages are unpaid: Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 17862 of January 5, 202)

(b) Unpaid retirement benefits: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits for each worker, and Article 9 of the same Act.

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor for each choice of punishment;

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