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(영문) 인천지방법원 부천지원 2018.08.30 2018고단1592
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employer who employs seven full-time workers as the representative of the “C” in Kimpo-si, Kimpo-si, and runs the D manufacturing business, etc.

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

Nevertheless, the Defendant employed the said workplace from April 21, 2014 to March 31, 2018, and did not pay KRW 1,600,000 of the victim E’s wages, from November 26, 2013 to October 22, 2017, and from December 1, 2017 to March 15, 2018, and did not pay KRW 1,020,719 of the victim E’s wages, from October 27, 2014 to September 30, 2017, to March 23, 2017; and did not pay KRW 5618,84, etc. of the victim’s G wages to March 23, 2018; and did not pay KRW 1,020,719 won to the victim’s retired from office within 36383 days in total without agreement between the parties to retirement;

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

Nevertheless, as described in paragraph (1), the Defendant did not pay the victim E retirement pay of KRW 10,219,480 from April 21, 2014 to March 31, 2018, and the victim’s total retirement pay of KRW 10,219,480 from November 26, 2013 to October 22, 2017, and from December 1, 2017 to March 15, 2018; and the victim’s F retirement pay of KRW 3,49,980 from October 27, 2014 to September 30, 2017; and the victim’s total retirement pay of KRW 85,514,60 from November 23, 2017 to March 23, 2018; and the victim’s retirement pay of KRW 3250,3250 from March 23, 2017 to the date agreed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Each written complaint of G and F;

1. Application of Acts and subordinate statutes, such as account transactions;

1. Article 109(1) and (2) of the Labor Standards Act concerning facts constituting an offense;

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