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(영문) 광주지방법원 2019.01.25 2018고단3111

근로자퇴직급여보장법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2018 Highest 3111] The Defendant, as the C representative director in Gwangju Mine-gu, is an employer who runs a manufacturing business using 26 full-time workers.

When a worker retires, the employer shall pay retirement allowances within 14 days from the date when any cause for such payment occurred, unless otherwise agreed by the parties to the extension of the due date.

Nevertheless, the Defendant is working in the above workplace from January 2, 2014 to March 30, 2018.

Schedule of Attached Crimes, including KRW 10,838,369 of retirement pay of retired D,

1. As described above, the retirement allowances of four retired workers were not paid 62,602,025 won in total within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

[2018 Highest 4345] The Defendant is a C representative director in Gwangju Mine-gu, who runs a manufacturing business using 11 full-time workers.

1. 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 from the date of retirement, unless otherwise agreed by the parties concerned on the extension of the payment date;

Nevertheless, the Defendant is working in the above workplace from May 2, 2012 to June 22, 2018.

A list of offenses, including 13,575,031 won of retirement pay of retired E,

2. As described above, 119,836,344 won in total, including seven employees, was not paid within 14 days from the date of each retirement without an agreement between the parties on the extension of the due date.

2. Where a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date.

Nevertheless, the Defendant is working in the above workplace from May 2, 2012 to June 22, 2018.

Wages and annual allowances of retired E 1,726.