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(영문) 수원지방법원 평택지원 2018.02.21 2017고단23

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

(e).

Reasons

Punishment of the crime

The defendant, as the representative director of the IS corporation located in Ansan-si, is an employer who runs the business of manufacturing plastic film and sheet by making use of 20 full-time workers, and the employer shall pay all money and valuables, such as wages, retirement allowances, etc., within 14 days from the time when the reason for payment occurred.

[2017 Highest 23]

1. In violation of the Labor Standards Act, the Defendant did not pay the total amount of KRW 85,88,934 of the wages of all three workers within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties, as shown in attached Table 1, including the total amount of KRW 7,297,038 of the wages earned by the Labor Council and retired workers at the above workplace and the total amount of KRW 7,297,038.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers in the above workplace and did not pay the total amount of KRW 31,513,867 of the retirement allowances of all two employees within 14 days from the date of retirement without agreement on the extension of the payment period between the parties concerned, as shown in the attached Table 1, including the details of arrears of wages by suspect [I] (except the part in the case of Workers B and C), which includes the amount of KRW 21,919,706 of K's retirement allowances of the retired workers in the above workplace.

[2017 Highest 86]

1. The Defendant in violation of the Labor Standards Act did not pay KRW 40,512,420, respectively, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as shown in the attached Table 2, including the period of “the details of delay in payment of actual five workers’ wages,” including the total sum of KRW 15,978,019,00 for retired workers’ L (Korean name L) working from April 15, 2015 to July 9, 2016.

2. The Defendant in violation of the Act on the Guarantee of Retirement Benefits for Workers in the above workplace shall pay KRW 2,035,803 of the retirement allowance of the retired workers L (Korean name L) within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period between the parties concerned.