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(영문) 서울북부지방법원 2019.11.21 2019고단2758
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a user who runs a construction business with the trade name "K" from Dongdaemun-gu Seoul Metropolitan Government J and the third floor.

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

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

Nevertheless, the Defendant is working in the workplace from June 15, 2015 to August 27, 2018.

L's wages of 993,340 won for July 2018 and 2,556,590 won for August 2018, 2018 and 3,549,930 won for wages of 2,556,59,930 won for each of 32 workers did not pay 61,434,292 won for total wages of 32 workers within 14 days from the date of retirement without an agreement on extension of the due date between the parties, as shown in the attached crime list.

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

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

Nevertheless, the Defendant is working in the workplace from June 15, 2015 to August 27, 2018.

L's retirement allowance of KRW 9,317,593 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, and was not paid within 14 days from the date of retirement as stated in the [Attachment] Table Nos. 1, 2, 4, 10, 11, and the total amount of KRW 25,223,628 of the five employees as stated in the [Attachment] List No. 1, 2, 4,

Summary of Evidence

1. Defendant's legal statement;

1. L, M, N,O, P, Q, R, S, T, V, X, Y, Z, AAB, AC, AD, AE, and AF, respectively.

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