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(영문) 수원지방법원 2020.09.10 2020고단2000

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 an employer who operates a manufacturing chain “D” in the wife population C in Young-si.

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

Nevertheless, the Defendant worked in the foregoing workplace from March 27, 2017 to August 30, 2019, and did not pay the retirement allowances of KRW 19,735,879 in total in 2,000 for retired workers E in May 2019, and KRW 3,150,000 in June of the same year, wages of KRW 3,150,000 in July of the same year, and wages of KRW 2,032,258 in August of the same year, 2032,258 in August of the same year, unpaid annual leave allowances of KRW 99,043 in 2018, and annual unused leave allowances of KRW 88,038 in 2019, and retirement allowances of KRW 7,516,540 in total, within 14 days from the date of occurrence of the cause for payment without agreement on the extension of the payment date.

The Defendant, as the representative of “D” in the wife population C in Young-si, Young-si, the Defendant is an employer who runs the manufacturing business of rabs processing machinery using ten full-time workers.

1. Where a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, retirement allowances, and all 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 did not pay the sum of KRW 9,773,937, and KRW 14 days from the date of his/her retirement without agreement on the extension of the payment date, including KRW 2,491,149, and KRW 2,491,149, and KRW 2,767,613, and KRW 9,77,937, which had worked from July 12, 2017 to October 30, 2019 at the same place of business, within 14 days from the date of his/her retirement without any agreement on the extension of the payment date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

However, if there are special circumstances, the parties.