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(영문) 수원지방법원 평택지원 2014.11.27 2014고단807

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the representative of Pyeongtaek-si B, employs 18 full-time workers and operates electronic equipment manufacturing business.

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

Nevertheless, the Defendant did not pay 4,813,820 won of the wages of 11 retired workers within 14 days from the date of retirement without an agreement on the extension of the due date, as stated in the attached Table, such as that he/she worked in the said workplace from December 6, 2013 to December 21, 2013 and fails to pay D retirement wages of 1,852,650 won in December 2012 to D.

2. An employer who violates an employee retirement benefit assistant business shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred, in case where the employee retires.

Nevertheless, the Defendant had worked from March 11, 201 to April 30, 2013 at the above workplace and had retired E’s retirement pay of KRW 2,030,830 as well as KRW 3,827,40 in total for two retired workers, such as the details of the arrears in the attached Form, did not pay each amount within 14 days from the date of retirement, without any agreement on extension of the due date.

The defendant of "2014 Highest 1261" is a representative director C, a corporation in Pyeongtaek-si B, who runs an electronic equipment manufacturing business using 20 full-time workers.

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

Nevertheless, the Defendant, at the above workplace, worked on June 2, 2014 to June 30, 2014 and worked on June 30, 2014, together with KRW 1,313,230, such as wages, other money, etc. of retired workers, and KRW 85,61,490.

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