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(영문) 수원지방법원 평택지원 2014.05.15 2013고단1482
근로기준법위반등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of (ju)G in Pyeongtaek-si F, who runs electronic components manufacturing business using 15 full-time workers.

1. An employer in violation of the Labor Standards Act, when a worker dies or retires, shall pay wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred, despite the fact that the employer worked in the said workplace from January 9, 2012 to October 14, 2013, and the Defendant did not pay 42,864,560 won, including wages, transportation expenses, etc. for four retired workers, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, as stated in Articles 2, 3, 6, and 8 of the Attached Crimes List No. 2, 3, 6, and 8 of the Attached Crimes List Nos. 2, 2013.

2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act, when an employee retires, shall pay the retirement allowance within 14 days from the date on which the cause for such payment occurred, notwithstanding the fact that the employee, from January 9, 2012 to October 14, 2013, and the Defendant did not pay 12,324,049 won, including 4,58,043 won of the retirement allowance of H of the employee who retired from the said workplace, within 14 days from the date of the retirement without agreement between the parties to the extension of the due date, as stated in Articles 2, 3, 6, and 8 of the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each authentic statement of I, J, K, and H;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment with prison labor, respectively;

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

1. The confession of the crime under Article 62 (1) of the Criminal Act, and the fact that it is divided, and the company operated by the defendant.

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