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(영문) 수원지방법원 안양지원 2016.04.15 2015고단1952
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a D representative director, who is a cable broadcasting business operator (main) who is located in Overcheon-si C and 2nd floor, and is an employer who employs 23 full-time workers and operates the above corporation.

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

Nevertheless, the Defendant did not pay the total amount of KRW 4,457,564, including the total amount of wages of KRW 93,65,683, as indicated in the attached Table of Crimes, to 19 workers, including the total amount of wages, to E, who were employed from May 3, 2010 to August 31, 2015, and retired workers E, within 14 days from the date of retirement without agreement on the extension of the payment date of money and valuables between the parties.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant did not pay the retirement allowance of KRW 13,903,353 to the retired employee E while working in the above workplace from May 3, 2010 to August 31, 2015, and did not pay the total of KRW 162,218,391 as well as the retirement allowance of KRW 19 to the retired employee, such as the retirement allowance included in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement of G, H, I, J, K, L, M, N, andO;

1. Application of the Acts and subordinate statutes to report data;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Code of the Commercial Competition (for each worker, each of the crimes of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act).

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