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(영문) 춘천지방법원 원주지원 2016.04.19 2016고단170

근로자퇴직급여보장법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the (ju) C with the 3th floor of the main city B, who employs 10 full-time workers and engages in the manufacturing industry.

1. Violation of the Labor Standards Act;

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, from March 5, 2012 to August 21, 2015, worked as re-service at C from around August 201, 2015, did not pay KRW 1,100,000 of the wages of D on September 9, 2014 within 14 days from the date of his/her retirement as well as the amount equivalent to KRW 14,251,612 of the total four employees’ wages from around that time to September 10, 2015, without agreement on the extension of the payment period between the parties.

(b) When concluding an employment contract, the employer shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions as determined by the Presidential Decree to the worker, and shall deliver to the worker a written statement specifying the items constituting the wages, the calculation method, the method and method of payment, the small working hours, etc.

Nevertheless, on November 15, 2010, the Defendant entered into a labor contract with E as a volunteer at the above (State)C on November 15, 2010, and did not deliver a document stating matters such as the constituent items, calculation method, payment method, and small working hours, etc. of wages. From that time to April 22, 2013, the Defendant did not deliver a document stating the items of wages, calculation method, payment method, and small working hours, etc. while entering into a labor contract with four employees as shown in the list of crimes attached hereto.

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

Nevertheless, the defendant.