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(영문) 청주지방법원 2016.08.10 2016고단751
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative director of the Cheongju-si C Co., Ltd. located in the Cheongju-si B, who employs nine full-time workers and operates smart key manufacturing business.

1. An employer shall, if a worker retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the defendant from January 2, 2015 to the same year.

7. Until June 2015, a retired worker D’s wage of KRW 2,106,530 for April 2015, the amount of KRW 2,106,530 for May wage of KRW 2,106,530, and the amount of KRW 5,617,410 for June wage of KRW 1,404,350 for six months, and did not pay KRW 35,757,695 for six employees as indicated in the details of money and valuables in arrears in the attached Form, without any agreement between the parties on the extension of the payment date.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, from October 13, 201 to April 30, 2015, did not pay 10,998,630 won of retirement pay to retired workers E in the said workplace within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Each petition of D, F, G, H, I, and E;

1. A detailed statement of money and valuables in arrears;

1. A certificate proving delayed payment and delayed payment of wages;

1. Application of Acts and subordinate statutes to a retirement allowance calculation statement;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Retirement Benefits for Workers (the fact that the payment of wages is not made, the choice of imprisonment, and the choice of imprisonment);

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the following circumstances considered in favor of the reasons for sentencing) are the same.

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