logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.04.13 2016고단4157
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the actual management owner of Jongno-gu Seoul Metropolitan Government C and D, who ordinarily employs 25 workers and operates the manufacturing industry (Handbag, bag).

1. An employer who fails to pay wages shall, if a worker retires, pay all money and valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned regarding the extension of the day of payment;

Nevertheless, the defendant worked in the above workplace from June 22, 2015 to January 8, 2016 and then retired workers E's wages of KRW 2,00,00 on December 12, 2015, and KRW 3,224,867 on January 2, 2016, without an agreement on extension of payment date between E and E, did not pay the total amount of KRW 1,224,867 on January 1, 2016 within 14 days from the date of retirement without an agreement on extension of payment date between E and E, as described in the table of individual wages in arrears 9,11,14,15, 17, 22, 23, 25, and 36,592,950 on June 22, 2015.

2. An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days from the date on which the grounds for payment occur, in cases where the employee retires.

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

Nevertheless, the defendant worked in the above workplace from October 1, 2005 to July 31, 2015 and did not pay 6,148,030 won of retirement pay of retired worker F, within 14 days from the date of retirement without an agreement on extension of payment period between F and F, and did not pay 2,6,9,11,15,22,23,26, including 42,49 won in total among 8 retirement pay of retired worker as described in the separate sheet Nos. 2,6,9,11, 15, 22, 23, and 26.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each statement;

1.Each.

arrow