logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.03.28 2013고단3678
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the actual business owner of B(C) located in PP, who runs transportation business using 26 full-time workers.

1. Violation of the Labor Standards Act;

A. The Defendant was working in the foregoing workplace from July 25, 2012 to January 21, 2013, and was working in the workplace from January 22, 2012, and did not pay KRW 26,985,320 in total, including wages of six workers and annual paid leave allowance, etc., within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on extension of the due date between the parties, as shown in the attached crime list (1).

(b) The full amount of wages payable on a regular date shall be paid to workers at least once a month on a fixed date.

The Defendant did not pay KRW 1,680,000 for the monthly wage of KRW 1,680,000 for workers E, who worked from July 1, 2011 at the above workplace, on December 10, 2012, on a regular wage payment date, and did not pay KRW 86,570,000 for the total amount of wages of 20 workers as shown in the attached crime list (2) as shown in the attached crime list (2).

2. The defendant who violated the Guarantee of Workers' Retirement Benefits Act has served in the above workplace, from May 1, 201 to January 31, 2013, and for the same year;

2.1. He/she served as retirement allowance of F, 4,301,660 won, and as from July 1, 201 to February 9, 2013, and did not pay retirement allowance of E workers retired on the 10th day of the same month within 14 days from the date of the occurrence of the cause for payment without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G and F;

1. A statement prepared by H;

1. Each written petition;

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

1. Wages under Articles 109(1) and 36 of the Labor Standards Act, Articles 109(1) and 43 of the Labor Standards Act concerning criminal facts

arrow