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(영문) 수원지방법원 2018.08.07 2018고단1965
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

The defendant is the user who runs the manufacturing business as the representative director of D, Co., Ltd., Ltd., which is in harmony C.

1. When a worker dies or retires, the employer 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 the wages of 1,866,620 won in January 2016, 2016, the wages of 1,866,620 won in February 2016, the wages of 3,726,350 won in December 2016, the wages of 3,726,350 won in June 2017, the wages of 3,726,350 won in July 3, 2017, the wages of 3,726,350 won in July 2017, and the wages of 3,726,350 won in August 3, 2017, the wages of 3,726,350 won in August 3, 2017, and the total of 38,630 won in operating equipment, 18,67, and 267 won in December 207.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Defendant did not pay KRW 44,903,995 of retirement allowances E of retired workers from the said workplace from September 4, 2006 to September 6, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written confirmation of delayed payment of wages, e-mail content, calculation of retirement allowances, payment ledger, business registration certificate, certified copy of the corporate registry, average wages and retirement allowances;

1. Application of Acts and subordinate statutes to file a statement on overdue wages;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid as wages, etc.);

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

1. Selection of imprisonment with prison labor chosen;

1. The Criminal Act, the suspension of execution;

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