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(영문) 창원지방법원 2018.04.20 2017고단3189

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

Defendant 2 is the representative director of N, Inc., N in Sung-gu M, Sungwon-si, Changwon-si, who employs 85 full-time workers and engages in non-destructive inspection service.

1. When a worker dies or retires, the employer who has violated the Labor Standards Act shall pay him/her wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 403,365 of the former bonus in July 16, 2010 to March 31, 2017 at the above workplace and KRW 665,310 of the former bonus in November 10, 2007 to March 31, 2017 of the employee P, who retired from the said workplace, within 14 days from the date of the retirement, which is the date of payment due between the parties without agreement on the extension of the payment due date between the parties, and did not pay KRW 310,300 of the wages of KRW 403,365 of each worker and KRW 665,310 of the total wages of two workers, as shown in the list of crimes (1) in attached Table 2.

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.

Nevertheless, the Defendant did not pay KRW 22,093,304 of retirement allowances of the employee'sO retired from the said workplace from July 16, 2010 to March 31, 2017 within 14 days from the date of each retirement, which is the date of payment, without an agreement on the extension of the payment date between the parties, as well as the total amount of KRW 165,939,635 of the 11 retirement allowances, as shown in the list of crimes in the attached Form (1).

The defendant of "2017 Highest 3782" employs 85 full-time workers as the representative director of N in Seongdong-gu M in Changwon-si, Changwon-si.