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(영문) 인천지방법원 2018.04.12 2017고단6884
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment with prison labor for a violation of the Water Quality and Aquatic Life Conservation Act at the Incheon District Court on May 25, 2017 and one year and six months for the same year.

8. 10. The judgment becomes final and conclusive and is in a number in the Incheon detention center.

The defendant of "2017 Highest 6884" is the representative director of G Co., Ltd. located in Nam-gu Incheon Metropolitan City F, who employs 20 workers and operates the entrusted wastewater treatment business.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay a total of KRW 20,360,072 (total wages in arrears from September 26, 2013 to March 27, 2017) and retirement allowances of KRW 25,18,598 in attached Table 1 to 9, 11, 13 through 18, 20, 20, and 21 in attached Table 20,360,072 (the total wages in arrears from September 2013 to March 2017) of H’s wages and retirement allowances of KRW 162,048,787 in total for 18 persons as well as in attached Table 1 to 9, 11, 13 through 18, 20, and 21, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

"2018 Highest 972"

1. The Defendant in violation of the Labor Standards Act provided labor at the aforementioned workplace from May 30, 2016 to June 10, 2017, and did not pay KRW 1,527,279 of the retired workers I’s wages on March 3, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) provided labor to the said workplace from May 30, 201 to June 10, 2017; and (b) did not pay KRW 1,526,600 of the retirement allowances of retired workers I to the said workplace within 14 days from the date of the retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. The defendant's oral statement "2017 Highest 6884";

1. Statement made by the police with H;

1. Written petition of J, K, C, and L 2018 Madan 972;

1. Statement made to I by the police;

1. A previous conviction in judgment:

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