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(영문) 수원지방법원 2017.11.30 2016고단3507
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is an employer who employs 40 full-time workers under the trade name of “D” in the period of harmony C 403 and operates a building management service business.

Defendant 1 worked from around April 1, 2014 to around April 31, 2015, Defendant 1 did not pay KRW 1,623,36 of retirement allowances to retired workers E in the foregoing workplace, and paid KRW 17,575,239, respectively, within 14 days from the date of his/her retirement without agreement on the extension of the payment period between the parties.

Defendant 2, “2016 Highest 4028,” did not pay KRW 3,175,728 of the F's retirement allowances of workers employed from December 31, 2013 to July 31, 2015 at the same place of business, within 14 days from the date of retirement without extending the payment deadline under an agreement between the parties concerned, including the payment of KRW 10,420,05, total amount of retirement allowances for four workers of the five previous period of crime Nos. 1,2,3, and 5 within 14 days from the date of retirement without extending the payment deadline under an agreement between the parties concerned.

The Defendant was working for the said D Co., Ltd. from April 14, 2015 to May 31, 2016, the Defendant paid KRW 2,013,923 of the retirement allowances of retired workers G from office within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned, and did not pay KRW 1,6,15,21,21,23 total of KRW 10,243,269 within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned.

The Defendant, “2017 Highest 3958” from November 5, 2012 to August 31, 2016, did not pay KRW 6,790,910 of the retirement allowance of H (Attached No. 1) retired from the said workplace within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. The defendant's oral statement;

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