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(영문) 서울남부지방법원 2018.09.28 2017고단6506
근로기준법위반등
Text

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

Of the facts charged in this case, workers B, C, D, E, F, G, H, I, J, and K.

Reasons

Punishment of the crime

The defendant, as the representative director of the Guro-gu Seoul Metropolitan Government L Building M, is the user who is engaged in the Seodaemun-gu and panty wholesale business using 60 full-time workers.

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

Defendant did not pay each amount within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned, including KRW 1,390,548, retirement allowances, KRW 7,401,495, and KRW 10,290,82 in total, and KRW 53,90,641, and KRW 523 in total, including KRW 53,90,641, and KRW 523 in total, including KRW 10,290, KRW 7,401, and KRW 7,000, KRW 8,000 in total, and KRW 53,90,641, and KRW 523 in the above workplace.

The Defendant, as the representative of Guro-gu Seoul Metropolitan Government L Building and M (State) N, the Defendant is a user who runs the wholesale business in Seodaemun-gu and panty panty-si with 60 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 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, the Defendant, from September 1, 2016 to October 1, 2017, did not pay KRW 1,916,670 on September 9, 2017; KRW 146,731 on annual unpaid allowances; and KRW 2,063,401 on annual unpaid allowances, within 14 days from the date of retirement, without any agreement on the extension of the payment deadline between the parties.

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

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