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(영문) 의정부지방법원 2019.01.16 2018고단3546
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of five million won.

If the defendant fails to pay the above fine, 100,000.

Reasons

Punishment of the crime

On July 10, 2014, the Defendant sentenced three years and six months to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court on July 10, 2014, and completed the execution of the sentence on December 24, 2016.

The defendant is the representative of Co., Ltd. C in Namyang-si, who is an employer who operates a general steel product manufacturing business by employing 30 full-time workers.

1. On June 22, 2015, the Defendant violated the Labor Standards Act due to delayed payment of wages did not pay KRW 168,976,010, total amount of wages for 15 workers, as stated in the attached crime sight table (excluding the part concerning retirement allowances), including KRW 3,073,960, which was retired on January 31, 2017, as well as KRW 168,976,00,010, which was paid to 14 days from the date of occurrence of each of such causes, without an agreement between the parties on the extension of the due date for payment.

2. An employer who violates the Labor Standards Act due to the failure to prepare a labor contract shall clearly state the wages, contractual work hours, holidays, annual paid leaves, and other working conditions in concluding the labor contract;

An employer shall deliver workers with a document specifying the items of composition, calculation method, payment method, contractual work hours, holidays, and annual paid leave in relation to wages.

Nevertheless, while concluding a labor contract with workers E (Membership on June 7, 2017) and F (Membership on July 3, 2017), the Defendant did not specify and deliver in writing wages, contractual work hours, holidays, annual paid leave, and other working conditions.

3. The Defendant violated the Guarantee of Workers' Retirement Benefits Act, as above, includes 19,92,740 won of retirement allowance against the above D, and 231,790,206 won of retirement allowance for 16 workers, as shown in the attached Table Nos. 1 through 4, 7, 8, 10, and 19 (part of retirement allowance) on the list of crimes committed against the Defendant, without any agreement between the parties on the extension of payment period.

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