beta
(영문) 광주지방법원 2020.09.18 2020고단2055

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is the representative director of the C Co., Ltd. in Gwangju Dong-gu, who runs the construction business using 33 regular 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;

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

Nevertheless, the Defendant, from July 4, 2019 to July 20, 2019, did not pay KRW 1,493,900,000 for the total wage of 4 employees, as shown in the attached Table 1, as well as the payment of KRW 1,493,90,00 to 14 days from the date of each retirement without an agreement on the extension of the due date between the parties.

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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, from February 1, 2018 to October 31, 2019, the Defendant did not pay KRW 8,821,020,020 to the employees F’ retirement pay of 8,821,020 as well as the total amount of KRW 15,520,570, as described in the attached Table 1, within 14 days from the date of each retirement without agreement on the extension of the due date between the parties.

The Defendant is the representative director of the Da Co., Ltd. in Gwangju Dong-gu, who runs the construction business using 33 full-time workers.

When a worker dies or retires, an employer shall pay wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred.