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(영문) 춘천지방법원 원주지원 2015.12.29 2015고단823
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The defendant is the representative of Co., Ltd. B 101 Dong Won-si, who operates an information and communications construction project with five regular workers employed as the representative of Co., Ltd.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, while working in the said stock company C from November 1, 2013 to April 23, 2015, did not pay KRW 3,749,930 of D wages, which was retired from office, within 14 days from the date of retirement without extending the due date under an agreement between the parties, as described in the attached Table No. 1 to 4, as stated in the attached Table No. 1 to 4, as well as the amount of four workers who were retired from office in the said stock company C, and did not pay KRW 24,707,045 of wages of four workers who were retired from office within 14 days from the date of retirement without extending the due date

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant worked for the said stock company from November 1, 2013 to April 23, 2015, and did not pay KRW 3,781,060 of D retirement pay, which was retired from office, within 14 days from the date of retirement without extending the due date under an agreement between the parties, as described in the separate list of crimes, as stated in the separate list of crimes, including that the Defendant did not pay KRW 5,503,096, total amount of five retirement pay of five workers retired from office in the said stock company C within 14 days from the date of retirement without extending the due date under an agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Details of confirmation of facts, such as each statement, each statement, telephone, etc.;

1. Application of Acts and subordinate statutes on the receipt of withholding tax on retirement income, payment record, interim settlement of retirement allowance, interim contribution ledger, and payment record of retirement allowance;

1. Relevant provisions concerning facts constituting an offense;

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