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(영문) 의정부지방법원 고양지원 2015.03.27 2014고단1447

근로기준법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the violation of the Labor Standards Act related to workers C, D, and E.

Reasons

Punishment of the crime

The defendant is the representative of company G in Songpa-gu Seoul Metropolitan Government F building and is an employer who runs construction business, etc. using 40 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned;

Nevertheless, the Defendant did not pay the total amount of KRW 3,716,80 to 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties, as shown in attached Table 1 (except for Nos. 3, 5, 77 annually, 3, 5, and 7) during the period from April 25, 2012 to May 14, 2013, totaling KRW 42,257,68,68, to be paid to 11 workers within 14 days from the date of his/her retirement, as shown in attached Table 1 (except for the date of his/her retirement).

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him retirement allowances within fourteen days after any cause for such payment occurred, unless the payment is extended by agreement between the parties concerned.

Nevertheless, the Defendant did not pay 989,548 won of the retirement allowance of H from April 25, 2012 to May 14, 2013 to 14, without an agreement between the parties on the extension of the due date for payment between the parties, within 14 days from the date of the retirement, as shown in attached Table 2 (except for the case Nos. 3, 5, 7 every year) between around that time to August 1, 2013 and around that time, the Defendant did not pay 213,116,611 won in total to 12 workers within 14 days from the date of the retirement.

Summary of Evidence

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