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(영문) 인천지방법원 2015.08.13 2015고단2846
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is an employer who employs 53 full-time workers in Bupyeong-gu, Incheon and operates the “F”.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days thereafter, and shall pay the retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the defendant works in the above workplace from February 2, 2002 to April 2, 2015, as shown in the attached Form.

Wages 3,928,636 won and retirement allowance 26,912,89 won for retired workers G were not paid within 14 days from the date of occurrence of the cause for retirement or payment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the details of unpaid benefits, average wages, and retirement allowances to Grmant;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of imprisonment with prison labor chosen;

1. The portion of dismissing public prosecution under Article 62 (1) of the Criminal Act (including the fact that it is deemed that wages and retirement allowances have not been paid due to business deterioration, the amount of unpaid wages and retirement allowances, etc.);

1. The summary of the facts charged is serving between April 7, 2012 and April 30, 2014 at the Defendant’s workplace, as shown in the attached Form.

Retirement allowances of retired workers C 800,000, and from July 4, 2012 to February 17, 2015.

Wages 1,160,002 and retirement allowances 2,310,469 against retired workers D were not paid within 14 days from the date of retirement or cause for payment.

2. Each of the facts charged pertaining to this part of the judgment is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and is in accordance with Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the

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