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(영문) 수원지방법원 안산지원 2013.09.05 2013고단570
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than five 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 representative of the Co., Ltd. in Ansan-si Member B, who is an employer who operates a non-ferrous metal manufacturing business, etc. employing 35 full-time workers.

1. The Defendant violated the Labor Standards Act: (a) around November 14, 2012; (b) around June 26, 201; (c) around October 31, 201, when working in the said workplace; (d) around October 31, 2012, the Defendant did not pay KRW 5,064,50,000, in total, money and valuables, including KRW 1,331,632, annual salary; (d) KRW 97,470, annual salary; and (e) KRW 3,635,404, as bonus; and (e) KRW 5,064,50,06, within 14 days from the date of retirement

In addition, the Defendant did not pay 5,064,50 won in total and 8,733,496 won in total and 5,424,428 won in total for retired workers E, and 19,22,430 won in total without any agreement on extension of the due date for payment between the parties concerned, such as the details of delayed payment of money and valuables in attached Table No. 19,22,430 won in total.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay retirement allowance of KRW 2,199,440 to the above D within 14 days from the date of retirement without any agreement on extension of the payment due date between the parties concerned.

In addition, the Defendant delayed the payment of retirement allowances of KRW 2,199,440 for the above D and KRW 7,326,813 for the above E, and KRW 2,354,940 for retirement allowances of KRW 11,881,193 for the above F without any agreement on extension of the payment date between the parties concerned, as stated in the details of delayed payment of retirement allowances in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D, E, and F;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and the choice of punishment, respectively, Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act and imprisonment with prison labor;

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