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(영문) 수원지방법원 안산지원 2013.11.06 2013고단1373
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, 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 of the "2013 Highest 1373" is the representative director of the D Co., Ltd. located in Siri-si, who has employed ten full-time workers and operated the manufacturing business.

1. Violation of the Labor Standards Act;

A. The Defendant, at the foregoing workplace around September 14, 2012, worked from February 1, 2010 to August 31, 2012, and did not pay the total of KRW 15,880,000 for E, F, and G wages to retired workers E, as indicated in the attached crime list, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

B. On August 15, 2012, the Defendant did not pay 1,115,480 won of H’s wage in July 2012 on a regular wage payment date, as stated in the attached Table of Crimes, at the above workplace around August 15, 2012, and from around March 1, 2010, the Defendant did not pay 1,400,000 won of wage for July 2012 and wage for August 2012 as indicated in the attached Table of Crimes, and 1,40,000 won of wage for September 1, 2012 on the 15th day of each ordinary wage payment date.

2. On September 14, 2012, the Defendant violated the Guarantee of Workers' Retirement Benefits Act: (a) around the said workplace, the Defendant did not pay KRW 26,096,227 in total, including KRW 4,170,204, as above, to retired workers E, as indicated in the separate crime list, within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

The defendant is the representative director of the D Co., Ltd. in Siri-si, Siri-si, who was engaged in the manufacturing industry by employing ten full-time workers.

The Defendant, at the foregoing workplace around January 14, 2013, from around September 20, 208 to December 31, 2012, 13,25,300 won of wages of workers I retired while serving in the workplace, from around September 20, 208 to around December 31, 2012, and KRW 13,842,030 of wages of workers J who retired while serving in the workplace from February 1, 2008 to December 31, 2012, and KRW 9,630,380 of wages of workers K, who retired while serving in the workplace from around February 7, 2010 to December 31, 2012.

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