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(영문) 수원지방법원 안양지원 2018.02.08 2017고단690
근로기준법위반등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 690] The defendant is an employer who is engaged in a manufacturing business as the representative of the (ju)C in Mapo-si B.

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;

Nevertheless, the Defendant had worked from February 19, 2014 to November 30, 2016 from February 19, 2014 to November 30, 2016, and had not paid the total of KRW 3,167,691, including KRW 1,121,123, August 8, 2014 of retired workers D, as well as KRW 1,121,123, as shown in attached Table 1 of the List of Offenses Act, within 14 days from the date of retirement without 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.

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

Nevertheless, Defendant Co., Ltd. worked from February 19, 2014 to November 30, 2016 from February 19, 2014, and did not pay KRW 6,803,488 of retirement allowances of retired workers D within 14 days from the date of retirement without any special agreement on the extension of the payment deadline, and did not pay KRW 17,082,677 in total for five employees, as shown in attached Table 1 of the daily list of crimes committed.

[2017 Highest 17. The defendant is a representative of the (ju)C in Mapo-si B, Mapo-si, who is engaged in a manufacturing business.

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;

Nevertheless, the Defendant from February 1, 2016 to April 30, 2017.

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