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(영문) 의정부지방법원 2014.06.18 2013고단1374
근로기준법위반등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

[2013 Highest 1374] The Defendant, as the representative of (ju)G in the two weeks, has been operating the manufacturing industry by employing 50 full-time workers.

The Defendant had worked in the above workplace from January 25, 2010 to July 13, 2012, and had not paid KRW 23,68,780,00 in total, including KRW 1,760,00,00 for retired workers H, within 14 days from the date of retirement as of July 13, 2012, without any agreement between the parties on the extension of the due date for payment between the parties concerned, as shown in attached Table 1, No. 3,4,66,78,780, including four workers’ wages and retirement allowances.

[2013J 2358] The Defendant, as the representative of the (ju)G in the two weeks, has been operating the manufacturing industry by employing 50 full-time workers.

The Defendant, from June 25, 2009 to December 10, 2012, while working in the above workplace, did not pay KRW 840,000 of the annual paid leave allowance of an employee I retired from the above workplace on or around December 10, 2012, and did not pay KRW 2,794,180 in total, and KRW 17,364,502 in total, including two workers’ wages, and three workers’ retirement allowances, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date for payment.

[2013 Man-Ma3086] The Defendant is the representative of (ju)G in the two weeks, who is an employer who engages in textile spawn processing by using 50 full-time workers.

The Defendant in violation of the Labor Standards Act was employed by the foregoing company from July 20, 2010 to April 1, 2013 and did not pay KRW 837,820 to retired workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits was serving in the said company from August 19, 2009 to October 13, 2012, as well as 9,224,881 won of K’s retirement allowances of retired workers and 20,482,935 won in total, including five employees’ retirement allowances, as indicated in the list of crimes in the attached Table 3.

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