beta
(영문) 수원지방법원 안산지원 2019.06.21 2019고단770

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, as the representative of the Co., Ltd. C in Si interest city B, is an employer who operates a manufacturing business with eight full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and 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 is working at the same workplace from December 14, 2010 to October 9, 2018.

D's wages of 700,000 won in August 2018, wages of 1,400,000 won in September 2018, and working in the above workplace from April 11, 2011 to February 11, 2019.

The retired E’s wages of KRW 700,000 in August 2018, the wages of KRW 1,400,000 in September 2018, the wages of KRW 900,000 in December 2018, the wages of KRW 1,300,000 in January 2019, and the wages of KRW 200,000 in February 2019, respectively, did not pay KRW 4,50,000 in total within 14 days from the date of retirement without any agreement on the extension of the due 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

Provided, That if there is a special reason, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant is working at the same workplace from December 14, 2010 to October 9, 2018.

Retirement allowance of retired D’s retirement allowance of KRW 24,675,00, and from April 30, 2004 to November 9, 2018, the said place of business shall be in service.

A retired F's retirement allowance of KRW 15,663,486, or from April 11, 201 to February 11, 2019, shall work at the same place of business.

The retirement allowance of retired E was not paid KRW 53,083,497 in total, including KRW 12,745,01, within 14 days from the date of retirement, without any agreement on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and D;

1.F.