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(영문) 인천지방법원 부천지원 2018.07.05 2018고단220
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six 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 is the actual manager of C in Kimpo-si, who is engaged in the manufacturing industry by making four full-time workers, and is the actual manager of D in Kimpo-si, who is engaged in the manufacturing industry by making four 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 in special circumstances, the date may be extended by mutual agreement between the parties.

The Defendant (State) at the E place of business, worked and retired from office from around October 25, 2014 to June 30, 2017, the amount of wages of KRW 2,551,405, and KRW 3,193,549, and KRW 3,300,000, and KRW 11,344,954, and KRW 9544 of the retirement workers, including two retired workers, including wages of KRW 2,30,00,00 on August 2, 2017, without any agreement between the parties on the extension of the payment date, did not pay the said amount within 14 days after the ground for payment occurred.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

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

The Defendant works in C’s workplace from March 2, 2012 to October 24, 2014, and worked in F’s retirement allowance of KRW 2,00,00,000 from September 2, 2013 to October 24, 2014, and paid KRW 1,723,978 of G retirement pay from September 2, 2013 to October 24, 2014, and (ju) in E’s workplace from October 25, 2014 to June 30, 2017, and paid KRW 8,323,103,103, and from March 28, 2016 to August 31, 2017 to KRW 4,567,121, etc. of G’s retirement allowance to be paid within the agreed upon between the parties concerned within 1631,206,196.

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