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(영문) 수원지방법원 2016.04.06 2015고단5396
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 the representative of E Co., Ltd., which has been located in Heung-gu D Building 702, who employs 175 full-time workers and operates a building management service business.

A. From May 1, 2013 to September 1, 2014, the Defendant violated the Labor Standards Act (hereinafter “Labor Standards Act”) included the sum of KRW 1,002,340,000, and the sum of KRW 1,002,340,00,000, and other allowances of KRW 50,000,00,000, which were retired workers, were not paid within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table, the Defendant did not pay KRW 106,177,593 in arrears, such as wages, etc. of 70,00 retired workers, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

B. From May 1, 2013 to September 1, 2014, the Defendant violated the Act on the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 902,850,00 of the retirement allowances of retired workers in F, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties; and (b) did not pay KRW 103,864,649, total sum of 39 retirement allowances of retired workers, as shown in the list of crimes in the attached Form E, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G, H and I;

1. Each statement of J, K, L, M, N,O, P, Q, G, R, S, T, V, W, X, Y, F, and Z;

1. Each written petition;

1. A complaint;

1. The details of money and valuables in arrears, each statement of calculation of average wages and retirement allowances, each year’s calculation of paid leave, each year’s calculation statement of the amount of each retirement allowance, each average wage and retirement allowance calculation statement, each year’s calculation statement, each year’s transaction statement, each passbook’s payment statement, each passbook’s payment details, May 2014, the detailed statement of payment in installments in February 2014, the wage ledger in February 2014, each labor contract, each employment contract, each security guard’s employment contract, each power of attorney, and the statement of passbook’s payment form, E. The

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