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(영문) 수원지방법원 평택지원 2019.10.18 2019고단901

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

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, as the representative of the Co., Ltd. in Pyeongtaek-si B, is an employer who runs a manufacturing business using 36 full-time workers.

1. An employer violating the Labor Standards Act, when a worker dies or retires, shall pay wages, compensations, and all other money and valuables within 14 days from the time when the ground for such payment occurred, but the Defendant is working from October 18, 2005 to April 7, 2019.

A retired worker D's annual salary of 2018, 1,266,720 won, 2,010, 705 won on February 2, 2019, 3,640, 170 won on March 3, 2019, and 816,240 won on April 2019, 7,73,835 won on April 7, 2019, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, where a worker retires, pay the retirement allowance within 14 days from the date on which the cause for such payment occurred, be on duty from October 18, 2005 to April 7, 2019.

In addition to the fact that the retired employee D's retirement pay of KRW 47,271,719 was not paid within 14 days from the date of the retirement without any agreement on the extension of the due date between the parties, as shown in the list of crimes, and the amount of KRW 248,267,467, as stated in the list of crimes, was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

"2019 Highest 912"

3. An employer violating the Labor Standards Act, when a worker dies or retires, shall pay wages, compensations, and other money or valuables within 14 days from the time when the ground for such payment occurred, but the Defendant is working from April 1, 2007 to May 19, 2019.

The number of retired workers E’s wages of KRW 3,514,910 on March 2019, was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as shown in Appendix 1.