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(영문) 수원지방법원 성남지원 2017.06.29 2017고단504
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.

(e).

Reasons

Punishment of the crime

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;

Nevertheless, the Defendant did not pay KRW 8,953,50,00, total amount of wages of F working at the aforementioned workplace from December 1, 2013 to December 31, 2015, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties, as stated in the attached Table Nos. 1, 2, 3, 4, 6, and 7, as shown in the attached Table No. 1, 2, 3, 59,80, total amount of wages of 53,59,800, as the representative of “E” of the Communications Corporation (hereinafter referred to as “E”), from December 1, 2013 to December 31, 2015.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, from December 1, 2013 to December 31, 2015, the Defendant did not pay KRW 4,590,130 of F retirement pay, and the Defendant did not pay KRW 3,634,470 in total within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, as stated in the attached Table Nos. 1, 2, 3, 4, 6, and 7, as well as the amount of KRW 3,634,470 in total, as stated in the attached Table No. 1, 2, 3, 4,6, and 7.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of G, F, H, I, J, and K;

1. Application of Acts and subordinate statutes to details of transactions in each account, average wages, and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act for the facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits Act (a point where wages are not paid) of the relevant Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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