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(영문) 수원지방법원 안양지원 2016.11.25 2015고단1910

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant of the 2015 Highest 1910 is the user as the representative of the manufacturer C in Mapo-si B.

When a worker dies or retires, an employer shall pay wages, compensations, retirement allowances, and all other money and valuables within 14 days from the date when the cause for such payment occurred, despite the fact that the Defendant worked from July 1, 2014 to October 1, 2015, and the Defendant did not pay 4,15,449 won, including the total amount of wages of 1,395,917 won and retirement allowances of 2,759,532 won in September 1, 2015, and money and valuables of 4,15,449 won in total within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned, as shown in attached Form 1, the amount of wages or retirement allowances of 17,671,748 won, respectively, within 14 days from the date of retirement without any agreement on the extension of the due date.

The Defendant is the C representative in Mapo-si B, Mapo-si, Mapo-si, who runs the manufacturing business with 100 full-time workers.

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

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

Nevertheless, the Defendant worked from July 2, 2013 to September 20, 2015 at the said workplace and retired from the said workplace, including KRW 983,578 on September 2015, and did not pay the total of KRW 3,949,146 for four retired workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in attached Table 2 of the Crimes List 2.

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

Provided, That where special circumstances exist, the agreement between the parties shall be reached.