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(영문) 인천지방법원 부천지원 2019.04.30 2018고단3664
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd. located on the 7th floor of the building B at Jeju, who is an employer who employs 10 full-time workers and conducts online flat management business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is working from October 1, 2016 to February 28, 2018 at the above workplace.

D's total amount of KRW 4,932,424,464, total amount of wages 2,945,640, year-end year-end refund amount of KRW 1,969,760, and KRW 17,024, and KRW 5,967,120, and retirement allowances 5,967, and 120 were not paid within 14 days from the date of retirement without an agreement on extension of the due date between the parties, as indicated in the attached list of crimes, for 10 workers, as indicated in the attached list of crimes (34,879,186, such as money and valuables, other than retirement allowances 46,386,320, and wages, other than retirement allowances), were not paid within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of genuine police officer to E;

1. A petition and a statement of reasons therefor;

1. The application of Acts and subordinate statutes to the wage ledger in February 2018, including a written calculation of retirement benefits under average wages, a written calculation of unused annual allowances, a record of individual annual rent, a record of annual rent, a statement of February 2018, and a record of February 2018;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1.Articles 40 and 50 of the Criminal Code of Trade and Trade;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations for the sentencing guidelines [the scope of recommendations] shall be the amount of unpaid wages, etc. from the second category 50 million won.

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