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(영문) 전주지방법원 2017.07.13 2017고단252

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the representative director of E Co., Ltd. located in Seojin-gu Seoul Metropolitan City D, who employs 40 full-time workers and operates the manufacturing company.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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, from June 19, 2008 to September 30, 2016, stated the F’s wages of KRW 2,027,663 in August 2016, which were retired from the Defendant’s workplace, as well as the payment of KRW 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned, within 14 days from the date of retirement. The Defendant’s written indictment of KRW 189,154,893 in which the sum of wages for 54 persons such as F, etc. is stated “1,578,128 won in total of wages for 54 persons such as F, etc.” However, the Defendant stated that G workers of KRW 35 and 40 in the list of crimes in attached Form 2016, as it is identical to that of F, and thus, the correction is recognized ex officio in duplicate.

14 days from the date of retirement without agreement on the extension of the due date of the payment.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

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

Nevertheless, the Defendant, even from June 19, 2008 to September 30, 2016, did not pay KRW 17,189,924 of F retirement pay, which was retired from the Defendant’s workplace, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.