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(영문) 수원지방법원 2020.11.24 2020고단1796

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The defendant is a C representative director of Yongsan-gu Seoul Metropolitan Government, who runs hotel business with 64 full-time workers.

1. Where a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, retirement allowances, and all 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, even from May 22, 2017 to October 1, 2019, worked in Suwon-si D and six stories, and retired from office on September 9, 2019, E, including KRW 2,50,00,00, and did not pay KRW 29,352,743, a total of the wages in arrears, etc. with nine retired workers, within 14 days from the date of retirement without agreement on the extension of the due date.

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

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

Nevertheless, the Defendant, from May 22, 2017 to October 1, 2019, was serving in the C Suwon Branch Co., Ltd. as stated in the foregoing Paragraph (1) and did not pay KRW 22,021,618 in total for four retired workers as stated in the attached crime list, as well as KRW 6,954,861, which was retired from office, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Details of the payment of money, valuables, and benefits, etc.;

1. A retirement allowance calculation statement;

1. Application of statutes, such as details of arrears, average wages, and written calculation of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts (which refers to the payment of wages) and Article 44 of the Guarantee of Workers' Retirement Benefits Act.