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(영문) 춘천지방법원 원주지원 2015.01.27 2014고단112

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

The Defendant is the employer who has been operating TV monitoring manufacturer C (ju) at the Won-si, with at least 15 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and 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, from May 1, 2010 to December 31, 2012, the Defendant did not pay the money and valuables equivalent to KRW 6,570,00,00 from the date of payment to September 1, 2012 of D as wages of KRW 1,820,00, October 1, 2012, and KRW 1,570,570,000 as wages of KRW 1,570,000 as well as the money and valuables equivalent to KRW 6,530,00 as wages of KRW 1,570,00 as wages of December 1, 2012 without an agreement on the date of payment, within 14 days from the date of the occurrence of the cause of payment, from September 20, 2012 to December 31, the Defendant did not pay the money and valuables within 30,000,000 from the date of payment to each of the parties concerned without agreement on the payment 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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, from May 1, 2010 to December 31, 2012, did not pay KRW 1,731,873 of retirement pay to D, who worked in the said state from May 1, 2010, within 17,103,118 as stated in the separate list of crimes, without any agreement between the parties on the date of payment, within 14 days from the date of occurrence of the cause of payment.