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(영문) 수원지방법원 2017.06.13 2016고단4395
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six 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.

Reasons

Punishment of the crime

The defendant is the representative director of the (State)C located in G in G in terms of harmony, who is an employer who runs a furniture manufacturing business using 15 full-time workers.

1. The Defendant of “2016 Highest 4395,” including that he/she did not pay KRW 19,447,687, retirement allowances, 6,09,404 in total from the date of his/her retirement within 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties, while serving in the said workplace from October 26, 2012 to January 6, 2016.

1. As indicated in the list of crimes, 40,497,639 won in total for two workers was not paid within 14 days from the date of retirement.

2. The Defendant of “2,279,035 won, including the fact that he/she was working in the said workplace from February 23, 2015 to September 30, 2015 and was not paid within 14 days from the date of his/her retirement without an agreement between the parties on the extension of the payment deadline, while retired from the said workplace on August 2015, 2015.

2. A total of 36,663,433 won of wages and retirement allowances for four workers, as stated in the list of crimes, was not paid within 14 days from the date of retirement.

Summary of Evidence

"2016 Highest 4395"

1. Statement by the defendant in court;

1. Written statements prepared D and F;

1. Each labor contract, details of arrears, average wages, and written calculation of retirement allowances;

1. Business registration certificate "2016 Highest 7758";

1. Statement by the defendant in court;

1. Each written statement of G, H, I, and J;

1. A written calculation of average wages and retirement allowances;

1. Application of the details of unpaid money and valuables, and the statutes of passbook copies;

1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of violation of each Labor Standards Act against Workers D, F, H, and J, between the crime of violation of each Labor Standards Act against Workers D, F, H, and J, and between the crime of violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment imposed on the crime of violation of each of the Labor Standards Act with heavier quality).

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