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(영문) 서울중앙지방법원 2018.12.06 2018고단981
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 2018 High 981 is the actual operator of D in Suwon-si B Building C, who employs 40 full-time workers and operates the facility management business.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, from September 24, 2016 to October 29, 2016, served as security guards in the F located in Jongno-gu Seoul Metropolitan Government under the jurisdiction of the said workplace, and did not pay KRW 1,321,200 of the retired workers G in October 2016 as well as KRW 39,250,098 of the total wages of 32 retired workers as shown in the attached crime list (1) as shown in the attached crime list, within 14 days from each retirement day, which is the date on which the cause for the payment occurred, without agreement between the parties on the extension of the payment period.

"2018 Highest 6787"

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

Nevertheless, the Defendant, from September 24, 2016 to October 28, 2016, worked as security guards in the F located in Jongno-gu Seoul Metropolitan Government under the jurisdiction of the said workplace, and did not pay 1,321,200 won for retired workers as well as 8,186,770 won for the total wages of 7 retired workers as shown in the attached crime list (2) as shown in the attached crime list (2) within 14 days from the date of each retirement, which is the date on which the relevant cause for payment occurred, without any agreement on the extension of the payment period between the parties.

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

Nevertheless, the Defendant, from April 1, 2015 to January 31, 2018, was serving as security guards from I in the wife population in the pertinent workplace and retired from office.

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