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(영문) 의정부지방법원 2020.05.19 2019고단3899
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant of "2019 Highest 3899" is the representative of C Co., Ltd. in Namyang-si, Namyang-si, who operates the manufacturing industry by employing 12 full-time workers.

1. The defendant who violated the Labor Standards Act is working for the above company on September 1, 2001.

A total of KRW 72,953,898 for three workers, including KRW 3,545,450 in December 15, 2016 for D retired on January 15, 2018, did not pay KRW 72,953,898 in total for three workers within 14 days from the date of occurrence of the cause for the payment, without any agreement between the parties to the extension of the due date.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay the retirement allowances of 72,805,587 won to 3 retired workers, including the retirement allowances of 48,919,100 won against the above D, and the retirement allowances of 72,805,587 won to 14 days from the date of occurrence of the cause for payment without agreement between the parties on the extension of the due date.

The Defendant, as the representative of the EF located in Namyang-si, is an employer who runs the manufacturing business of steel structure with four full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, from May 1, 2018 to August 31, 2019, did not pay the total of KRW 57,831,110 to three workers as indicated in the attached Table 2, such as D, who worked in the said workplace from May 1, 2018 to August 31, 2019, within 14 days from the date of retirement without an agreement on the extension of

2. When a worker dies or retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

Provided, That in special circumstances, between the parties.

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