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(영문) 인천지방법원 부천지원 2019.05.02 2018고단3048

근로자퇴직급여보장법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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 the representative director of H in Kimpo-si G, which is in Kimpo-si, who runs the film manufacturing business using ten regular workers.

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

The Defendant, at the above workplace from March 1, 2013 to April 30, 2018, did not pay wages of 22,340,377 won (=22,283,217 won 57,160 won) as indicated in the “crime List”, as stated in the “crime List”, as well as wages of 1,720,920 won (i.e., wages of 1,720,920 won) of I, who worked and retired from the said workplace from March 1, 2013 to April 30, 2018, within 14 days from the date when the cause for

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

The Defendant had worked from March 1, 2013 to April 30, 2018 at the said workplace and had not paid KRW 15,434,868 of the I’s retirement pay to the said workplace within 14 days from the date of retirement without any agreement between the parties on the extension of payment dates.

The defendant is the representative director of H in Kimpo-si G, which is in Kimpo-si, who runs the film manufacturing business using ten regular workers.

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

The Defendant, at the foregoing workplace, worked from March 2, 2017 to August 9, 2018, and retired from the workplace, committed a cause for the payment of the retirement workers J, K, and L’s total amount of KRW 61,138,763 (=7,597,166 KRW 17,286,368 KRW 36,25,229) from May 2, 2017, as well as KRW 1,117,925 of the Labor Relations Commission’s retirement from around August 9, 2017.