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(영문) 서울남부지방법원 2018.05.29 2017고단2857
근로기준법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of the above sentence 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 2017 senior group 2857 is the user who has been engaged in the business of manufacturing financial instruments by using eight full-time workers as the C representative director in Gangseo-gu Seoul Metropolitan Government building B 903.

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;

The Defendant, who was employed as an employee by joining the above company on January 2, 2014, did not pay the total of KRW 16,324,513 to D that retired from office around April 14, 2017 within 14 days from the date of his retirement, without any agreement between the parties on the extension of the payment deadline.

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

On January 2, 2014, the Defendant worked as an employee for the foregoing company on or around April 14, 2017, and did not pay 59,119,513 won in total for three employees, as stated in the attached crime list, as well as 4,208,769 won in retirement allowances for D that retired on or around April 14, 2017, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment deadline.

The defendant 2017 Highest 5445 is the representative of Gangseo-gu Seoul Metropolitan Government B Building 903 (State)C, who is a full-time worker and engages in the business of manufacturing financial instruments using eight 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;

The Defendant was employed as an employee by joining the above company on May 1, 2005 and did not pay 49,832,513 won in total from the date of his retirement, as stated in the list of offenses in attached Table, such as wages of 3,138,250 won, etc. of E retired around April 8, 2017, without any agreement on the extension of the payment deadline between the parties concerned.

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