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(영문) 의정부지방법원 2017.02.14 2016고단347
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 of "2016 Highest 347" is the user who runs the above company with 10 full-time workers as the representative of the Textiles Manufacturing Business Center in N in Gyeonggi-si.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the payment deadline;

Nevertheless, the Defendant did not pay KRW 23,001,428 within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment deadline between the parties, as well as the payment of KRW 1,267,80 to February 1, 2015 of the foreign workers P, who worked in the above workplace from April 1, 201 to September 1, 2015, to the total amount of wages to be paid to all seven workers, as shown in attached crime sight table 1 to 3,7, and 100 to 10.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed by the parties concerned on the extension of the payment deadline;

Nevertheless, the Defendant did not pay the total of 25,796,142 of the retirement allowances to be paid to the total five workers as shown in the attached Table 1 through 3,7,710 of the total amount of the retirement allowances to be paid to all five workers, including the payment of the retirement allowances of 6,809,760 won from April 1, 201 to September 1, 2015 at the above workplace, within 14 days from the date of retirement, although there was no agreement between the parties on the extension of the payment date.

The defendant of "2016 Highest 2096" is a full-time worker who runs the textile manufacturing business with 20 full-time workers as the representative of O and Q from N in Gyeonggi-si.

When a worker dies or retires, the employer shall fourteen days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the due date for payment.

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