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(영문) 인천지방법원 2020.09.17 2019고단8234

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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 is a user who runs plastic manufacturing business using 35 full-time workers in Qu located in Incheon Gyeyang-gu.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant provided labor at the aforementioned workplace from October 23, 2018 to March 9, 2019, and did not pay KRW 2,691,591 to retired workers’ wages within 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 the attached list of crimes (excluding this case No. 1, 6, 8 through 12, 15, 19, 21, 23, 24, 28, 32, 37), such as the attached list of crimes (excluding this case No. 1, 6, 8 through 12, 15, 21, 23, 24, 28, 32, 945, within 14 days from the date of his/her retirement, without any agreement on

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

Nevertheless, from October 4, 2016 to March 31, 2019, the Defendant provided labor to the above workplace and did not pay 15,354,057 won of T retirement pay to retired workers within 14 days from the date of their retirement without an agreement on the extension of the due date between the parties, as shown in the attached list of crimes (excluding this case No. 1, 10, 11, 19, 21, 23, 24, 37) as shown in the attached list of crimes (excluding this case No. 1, 10, 11, 19, 21, 23, 24, 37).

The Defendant is the representative director of the “R” located in Q of Gyeyang-gu Incheon Metropolitan City, who runs the manufacturing industry using 35 regular workers.

1. When a worker dies or retires, the employer violating the Labor Standards Act shall be subject to such payment.