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(영문) 수원지방법원 안양지원 2018.11.27 2018고단863
근로기준법위반등
Text

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

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

(e).

Reasons

Punishment of the crime

The Defendant was an employer who operates, and engages in, the manufacturing industry while operating, the GG in Ansan-si. The Defendant did not pay KRW 31,227,646 within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, including KRW 3,662,172, retirement allowances, KRW 25,864,584, annual average settlement refund, KRW 1,700,890, and KRW 31,227,646, which were retired while serving in the said workplace from December 1, 2003 to September 30, 2017.

In addition, the Defendant did not pay the total amount of KRW 9,145,027, including five workers, within 14 days from the date of retirement, without agreement on the extension of the payment period between the parties, as well as the attached list 1.

The defendant of "2018 Highest 1541" is an employer who operates the GG in Ansan-si, Ansan-si, and engages in a manufacturing business. The defendant, from November 28, 2001 to January 14, 201, did not pay 36,382,55 won in total, including 8,044,437 won, retirement pay 28,338,118 won, which he/she retired while working in the above workplace from November 28, 2001 to January 14, 201, within 14 days from the date of his/her retirement without an agreement on the extension of the payment period between the parties.

In addition, the Defendant did not pay the total of KRW 122,626,392, including five workers, within 14 days from the date of retirement, without agreement on the extension of the payment period between the parties, as well as the attached list 2.

Summary of Evidence

"2018 Highest 863"

1. Statement by the defendant in court;

1. Written statements or petitions of J, H, K, L, M "W" 1541

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of I, N,O, P, or Q to the written statement or petition;

1. Article 109(1), Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply), Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of which payment of retirement benefits is not made) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Competition (the violation of the Labor Standards Act by worker).

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