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(영문) 수원지방법원 2020.09.25 2019고단8262

근로기준법위반등

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A defendant shall be punished by imprisonment for one year.

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 director of F Co., Ltd., Ltd., Ltd., the Defendant, 2019dan8262, is an employer who runs a manufacturing business using ten full-time workers.

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

Nevertheless, the Defendant worked in the said workplace from November 14, 2016 to May 1, 2019, and did not pay KRW 15,107,530 in total and KRW 4,967,36 in the amount of wages, including KRW 381,960 in September 2018, as well as KRW 15,107,530 in total and KRW 4,967,366 in the amount of wages, within 14 days from the date of retirement, without any agreement between the parties

The defendant of 2020 Godan4927 is the representative director of F Co., Ltd., which is in Hysung City H, and is the employer who runs the manufacturing business using two regular 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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from December 14, 2015 to March 16, 2020, did not pay 121,021,830 won in total to two workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in attached Table 1, including the amount of wages of 301,730 won on June 6, 2016 of I retired from the above workplace and the amount of wages of 121,021,830 won.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant at the above workplace on December 14, 2015.