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(영문) 서울남부지방법원 2020.11.03 2020고단187

근로기준법위반등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative director of G (main) located in the Guro-gu Seoul Metropolitan Government E-building F, who runs the business of developing and supplying software using 33 regular workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working in the workplace from June 13, 201 to February 22, 2019.

As stated in the attached Table of Crimes (2020 highest 187), 302,194,389 won including retirement allowances of retired H, including 31,846,57 won, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment between the parties.

The defendant is the representative director of the G-gu Seoul Metropolitan Guro Building F, who is the representative director of the G-gu Dispute Resolution Co., Ltd., and operates software development and supply business using 33 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working in the workplace from September 5, 2013 to September 11, 2019.

The retirement allowance of the retired I was not paid KRW 18,561,035 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

The Defendant of the Guro-gu Seoul Metropolitan Government 14 full-time workers is a software development and supply business, using 14 full-time workers.