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(영문) 인천지방법원 2017.06.15 2016고단194
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant is an employer who employs 15 full-time workers working for a representative director of the C&C company and operates the said company.

The Defendant, at the construction site of D, worked from June 2, 2014 to September 15, 2015, did not pay KRW 5,124,99 Won and retirement allowance 4,281,467 to retired workers E within 14 days from the date of retirement or the date of occurrence of the grounds for payment, and did not pay KRW 74,381,196 in total for eight workers as stated in the list of crimes in attached Table 1, as stated in the list of crimes in attached Table 1.

2. The Defendant, as the representative director of C&A, is a full-time employer who subcontracted the F&D construction work and the parts of the F&D construction work, using approximately sixty full-time workers.

A. The Defendant did not pay KRW 5,828,376 of G retirement pay from March 17, 2014 to August 31, 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

In addition, the Defendant did not pay the total amount of KRW 60,742,255 to 12 workers within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline, as shown in the list of crimes in attached Form 2, 4 through 9, 12, 14 through 16, 19, 24.

(b) If an employer fails to pay contributions to a participant of a defined retirement pension plan when any ground, such as retirement of the participant, occurs, he/she shall pay the contributions and interest accrued therefrom to the defined contribution-based retirement pension plan account within 14 days from the date such ground, etc. arises;

The Defendant did not pay an amount equivalent to KRW 2,109,72 of the unpaid retirement pension during the fixed period of H’s retirement from June 14, 2010 to July 31, 2015, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

(i) the evidence;

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