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(영문) 광주지방법원 2016.08.11 2015고단1356

근로기준법위반등

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, violation of the Labor Standards Act against C, D, E, F, G, H, I, and J.

Reasons

Punishment of the crime

From 2013 to 2013, the Defendant is a representative director of L Co., Ltd. (hereinafter referred to as “L”) located in Young-gun, Nam-gun, and has employed 20 full-time workers and has engaged in the manufacturing of steel structures.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 7,568,360 of wages of workers M retired from employment L from around September 10, 2014 to December 11, 2014, within 14 days from the date of each retirement without an agreement on extension of the payment deadline, as well as payment of KRW 1,2,55,8,11,51, and 12 of the attached Table of the daily list of crimes (1), including the number of wages of six workers, including the number of wages of KRW 40,942,570, total sum of wages of six workers, within 14 days from the date of each retirement without an agreement on extension of payment deadline.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers did not pay the amount of KRW 1,97,260 of retirement allowances of retired workers N from work L from November 13, 2013 to December 31, 2014, within 14 days from the date of retirement without an agreement on the extension of payment deadline.

"2015 Highest 1625"

3. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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, who retired from L to January 9, 2015, did not pay wages of KRW 37,141,440 as well as retirement allowances of KRW 3,96,128 in total, KRW 41,137,568 from L to January 10, 2013, without an agreement between the parties on the extension of payment date.

"2015 Highest 2636"

4. The Defendant in violation of the Labor Standards Act included that wages of KRW 1,143,800 of the retired workers P were worked L from September 4, 2014 to September 28, 2014, were not paid within 14 days from the date of retirement without agreement on extension of payment period, and was as shown in the attached list of crimes (2).