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(영문) 수원지방법원평택지원 2020.11.06 2019고단1084
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The defendant is a representative in Pyeongtaek-si E, who is a user who engages in manufacturing business using eight full-time workers.

1. Where an employer violating the Labor Standards Act dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the ground for such payment occurred, but the Defendant is working at the workplace above from October 1, 2014 to December 31, 2018.

The amount of wages of KRW 1,823,520 on September 2018 of the retired worker G was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, and the total amount of wages of KRW 121,085,870 on September 1, 2018 was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

2. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer shall, notwithstanding that the employee pays retirement allowances within 14 days from the date on which the cause for such payment occurred, work at the workplace above from October 1, 2014 to December 31, 2018.

12,486,85 won of G retirement allowance of retired workers was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment, and the total amount of 30,563,628 won was not paid within 14 days from the date of retirement without any agreement on the extension of the due date for payment between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the second and third trial records;

1. Partial statement of witness G in the third protocol of trial;

1. A H statement;

1. Examination of the payment certificate of long-term care insurance premiums for the insured and the details of subscription to the National Pension;

1. Application of Acts and subordinate statutes, such as a written calculation of average wages and retirement allowances, and data for calculation of unpaid wages (investigative record 42,43 pages) (H);

1. Criminal facts;

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