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(영문) 의정부지방법원 고양지원 2018.01.26 2017고단3502
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is the representative of the Co., Ltd., in the case of Pakistan-si, who operates the furniture manufacturing business using seven full-time workers.

1. Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 140,733,330 of the total wages of three workers in the above workplace from June 15, 2015 to May 31, 2017 as wages of KRW 1.2 million on April 4, 2016, and did not pay KRW 140,73,330 of the wages of three workers within 14 days from the date the grounds for payment occurred without an agreement on the extension of payment deadline between the parties, as shown in the list of crimes in the attached Table.

2. An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days from the date on which the grounds for payment occur, in cases where the employee retires.

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

Nevertheless, the Defendant did not pay KRW 7,686,718 of retirement allowances of retired workers D from the said workplace from June 15, 2015 to May 31, 2017, and did not pay KRW 28,342,429 in total for 28,429 of the three employees, as shown in the list of crimes in the attached crime list, without any agreement between the parties on the extension of payment dates.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (by worker);

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