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(영문) 인천지방법원 2020.02.17 2019고단8238
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that 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 an employer who runs a manufacturing business of electricity using six full-time workers in the Dong-gu Incheon Metropolitan City’s “C”, and is a full-time worker.

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

Nevertheless, the Defendant provided labor to the said workplace from July 20, 2017 to August 3, 2017, and retired from the said workplace on September 18, 2018, provided labor until October 7, 2018, and did not pay KRW 3,402,160 of the retired workers D wages within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in the attached crime list, and did not pay KRW 18,093,590 in total for four workers within 14 days from the date of retirement, as shown in the attached crime list.

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 after the cause for such payment occurred; and

Nevertheless, the Defendant provided labor from September 15, 2014 to November 30, 2018, and did not pay KRW 14,560,083 of retirement allowances E to retired workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to E, F, and D;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 201); Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 1506, Nov. 28, 201); Article 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No.

1.Article 40 of the Criminal Code of Trade and Trade.

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