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(영문) 수원지방법원 안양지원 2014.06.12 2013고단1700
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.

(e).

Reasons

Punishment of the crime

The defendant is the representative director of the E Co., Ltd. in the second floor of the D Building in Ansan-si, who employs seven full-time workers and operates service business, such as civil engineering and design.

The Defendant, as described in attached Table 1, worked in the foregoing workplace from May 1, 2009 to April 30, 2013, and did not pay the total of KRW 47,644,720 from June 2012 to April 2013 of the retired employee F, within 14 days from the date of retirement, without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. To apply Acts and subordinate statutes to each letter of payment of wages, details of arrears, average wages and the calculation statement of retirement allowances, delay of wages and written confirmations of arrears;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act (see, e.g., the fact that the Defendant discharged part of the unpaid wages, etc. to employees F) to dismiss the prosecution of this case is in violation of the Labor Standards Act with respect to workers B and C among the facts charged in the instant case. The Defendant worked in the place of business recorded in the instant criminal facts from July 4, 2011 to March 10, 2013, and did not pay 10,878,100 won in total, including wages, retirement allowances, etc., from January 4, 2013 to March 2013, 201, and from July 25, 2011 to March 10, 2013, the Defendant did not pay 12,411,470 won in total, including wages, retirement allowances, etc., of workers C, and did not pay them within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

This is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44(1) and 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109 of the Labor Standards Act.

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