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(영문) 수원지방법원 평택지원 2017.10.26 2016고단2238
근로기준법위반등
Text

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

Reasons

Punishment of the crime

The defendant of "2016 Highest 2238" is a representative of the Co., Ltd. in Ansan-si B, who runs a manufacturing business using five 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 the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 56,03,180,00 from November 1, 2014 to June 14, 2016 to retired workers D's wages of KRW 2,80,00 on January 1, 2016, as well as the total amount of KRW 56,03,180 from the date of retirement within 14 days from the date of retirement without the agreement of the parties to the extension of payment period, as shown in the annexed crime list.

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.

Nevertheless, the Defendant did not pay the total amount of KRW 4,42,643 of the retirement allowances of the retired workers D from May 25, 2015 to June 17, 2016 at the above workplace and did not pay the total amount of KRW 18,629,663 of the retirement allowances for the total four employees, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement without the agreement of the parties to the extension of the payment deadline.

The defendant of "2016 Highest 2737" is a user who runs a manufacturing business as a representative of the Co., Ltd. in Ansan-si B.

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

Nevertheless, the defendant is about the extension of the payment date of the retirement allowance of the retired worker E after serving in the above workplace from August 16, 2014 to August 27, 2015.

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