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(영문) 수원지방법원 평택지원 2018.09.21 2017고단1817
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

- The Defendant is an employer who runs the business of manufacturing weather observation equipment by making use of 25 full-time workers as a representative of the J (ju) in Ansan-si, 2017 Highest 2133, 2017 Highest 2270 [2017 Highest 2133] Defendant is an employer.

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

Nevertheless, the Defendant, while working in the foregoing workplace from February 15, 2016 to February 28, 2017, did not pay KRW 2,035,360 to K of retired workers within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant did not pay KRW 1,95,607 of K's retirement pay to employees who retired from the said workplace from February 15, 2016 to February 28, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

[2017 Highest 2270] The defendant is a representative of the J Co., Ltd. I located in Ansan-si and is an employer who runs a manufacturing business using 25 full-time workers.

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

Nevertheless, the Defendant, even from August 7, 1989 to August 31, 2017, did not pay 3,480,270 won, including 3,812,600 won of L who worked and retired from the above business site, within 14 days from the date of retirement, without an agreement between the parties on the extension of payment date, as shown in the attached crime list (3).

2...

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