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Reasons
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(영문) 수원지방법원 2018.02.08 2016고단8258
근로기준법위반등
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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.

(e).

Reasons

Punishment of the crime

The Defendant is an employer who employs six full-time workers under the trade name of Suwon-si F and 402 “Company G” and operates software development and supply companies.

"2016 Highest 8258"

1. The Defendant violated the Labor Standards Act (workers H, I, and J) (including that the Defendant did not pay KRW 1,832,763 of his retired worker H in March 2016 from March 2016 to July 2016, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as stated in Articles 3, 5, and 6 of the List of Offenses Act. Workers H, I, and J’s total wages did not pay KRW 44,035,138 within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

2. From May 11, 2015 to July 22, 2016, the Defendant violated the Guarantee of Workers’ Retirement Benefits Act (workers H) did not pay KRW 4,910,489 of the retirement pay of retired workers G, as the said stock company G, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties.

"2017 Highest 6854"

3. The Defendant violated the Labor Standards Act (worker K, L) did not pay KRW 21,65,450, total wage of two retired workers, including the total wage of KRW 2,162,450, from March 2, 2016 to August 17, 2016, when he/she retired from the said workplace without any agreement on extension of payment deadline, respectively, within 14 days after he/she retired from the said workplace.

Summary of Evidence

"2016 Highest 8258"

1. Statement by the defendant in court;

1. Each police statement made to H, J, and I;

1. A protocol concerning the examination of suspects of M by prosecutors;

1. Each complaint, and a petition "2017 Highest 6854";

1. Statement by the defendant in court;

1. Each written statement L and K;

1. Labor contract, letter of payment;

1. Application of statutes on the number of days unpaid for wages in August 7, 2016;

1. Each of the relevant Articles of the Act concerning the facts of crime;

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