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(영문) 수원지방법원 안산지원 2016.10.07 2016고단3039
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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 is the operator of CAA in the fifth floor of the building B in light of light, who has engaged in the business of a Bospering Private Teaching Institute by using seven regular workers.

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

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

The Defendant did not pay KRW 43,641,940 in total amount of wages of 6 workers within 14 days from each retirement date, as stated in the attached list of crimes, as well as KRW 453,30 in D-D’s wages for April 2014, which worked from March 11, 2014 to April 17, 2014, as well as KRW 43,641,940, as stated in the attached list of crimes.

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

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

The Defendant did not pay KRW 23,644,430 of E retirement pay from May 4, 2002 to May 31, 2014, within 14 days from the date of retirement without an agreement on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to D, E, F, G, H, and I;

1. Application of Acts and subordinate statutes governing confirmation of telephone and other facts;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment, respectively, with labor;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The amount of unpaid wages, etc. for sentencing under Article 62-2 of the Social Service Order Criminal Act is not much significant.

The time limit for payment.

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