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(영문) 청주지방법원 충주지원 2017.02.24 2016고단894
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.

Reasons

Punishment of the crime

Until April 2016, the Defendant managed “C” in Chungcheong City B.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the total amount of KRW 1,700,000,000 of D’s wages that he retired from office from around August 31, 2007 to April 4, 2016, within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, and did not pay the total of five workers’ wages within 10,928,000 within 14 days from the date of retirement, as shown in the list of crimes in the attached Table.

2. An employer who violates a guarantee of retirement benefits of a worker shall, if the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 15,300,000 of D’s retirement pay, which was retired from office from around August 31, 2007 to April 4, 2016, within 14 days from the date of retirement, as shown in the list of crimes in the attached Form, to the total three employees, without any agreement between the parties to extend payment dates, within 14 days from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1.D, E,

f. Each petition of G and H;

1. Details of confirmation of fact, such as telephone;

1. Application of Acts and subordinate statutes to inquire about details of liquidity transactions;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid at once of retirement);

1.Article 40 of the Criminal Code of Trade and Trade.

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