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(영문) 청주지방법원 제천지원 2019.01.17 2018고단163
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as the C representative director of the Co., Ltd., which is located at Ycheon-si B, is an employer who runs cement mortar manufacturing business by employing 25 full time workers, and the defined contribution plan was established on June 19, 2014.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant worked from April 20, 2015 to April 30, 2017 at the above company and retired D’s bonus of KRW 684,998, as well as attached Table 1. The Defendant did not pay KRW 30,378,097 in total for the wages and bonuses of 15 retired workers within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

2. An employer who has established a defined contribution plan in violation of the Guarantee of Workers' Retirement Benefits Act shall pay, in cash, the amount equivalent to 1/12 or more of the total annual wages of a participant to the account of the defined contribution plan, and, in cases where the amount of contributions to the participant is unpaid when a cause, such as retirement of the participant occurs, he/she shall pay the contributions and interest for arrears to the account of the defined contribution plan within 14

Nevertheless, the Defendant had worked from April 20, 2015 to April 30, 2017 at the said workplace, and had retired from the said workplace KRW 3,199,376, as well as KRW 3,199,376, as well as KRW 68,338,574, as stated in the list of crimes; and

Summary of Evidence

1. The defendant;

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