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(영문) 광주지방법원 2013.12.12 2013고단3359
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

[2013 Highest 3359] The defendant is the representative of D Co., Ltd. in Gwangju Mine-gu, who has operated metal products manufacturing business using 30 full-time workers.

When a worker retires, the employer shall pay the wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant worked in the workplace from May 23, 201 to October 31, 2012, and did not pay KRW 3,324,090 of retirement allowances E to retired workers at the workplace as of May 23, 2011 without an agreement on the extension of the due date between the parties, within 14 days from the date of retirement, as described in the attached list of crimes, as of May 23, 201 to March 17, 2013.

37,888,38 won of wages and retirement allowances of 11 retired workers was not paid within 14 days from the date of occurrence of the cause for payment or retirement without an agreement between the parties to the extension of the due date.

[2013 Highest 4959] The Defendant is a person who operates (ju),G, and (ju)D in Gwangju Mine-gu, and is engaged in metal manufacturing by ordinarily employing 23 workers.

The Defendant did not pay KRW 4,906,014 of workers H who worked in (State)G and (State)D between September 6, 2010 and March 31, 2013 within 14 days from the date on which the cause for payment occurred, without agreement between the parties to the contract on the extension of the due date.

In addition, the Defendant did not pay the total amount of KRW 5,442,766 to 10 workers within 14 days from the date of retirement when the cause for payment occurred, without an agreement on extension of the due date between the parties concerned, as stated in the attached list of crimes.

Summary of Evidence

[2013 Highest 3359]

1. Defendant's legal statement;

1. The statement of the police officer made to I and J, and the confirmation details of each telephone call, etc. against K, L, M and N;

1. Written statements ofO, P, E, Q, and R Preparation (2013 Godan4959);

1. Defendant's legal statement;

1. The police in relation to S.

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