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(영문) 수원지방법원 평택지원 2018.05.24 2017고단1708
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

(e).

Reasons

Punishment of the crime

The defendant 2017 Highest 1708 is the actual manager of the C Co., Ltd. located in Pyeongtaek-si B, who runs the manufacturing industry using 30 full-time workers.

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

Nevertheless, the Defendant employed from July 6, 2016 to July 4, 2017 at the said workplace and did not pay the total of KRW 13,891,034 of the wages of retired workers D within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

"2018 Highest 290"

1. An employer in violation of the Labor Standards Act shall pay wages within 14 days after the cause for such payment occurred, in case where a worker retires;

The Defendant did not pay 30,427,612 won to retired workers E, who were employed in the said workplace from February 9, 2017 to September 1, 2017, as well as 1,132,590 won on February 2, 2017 of the retired workers E, within 14 days from the date of retirement, without any agreement on the extension of the payment deadline between the parties, as described in the attached crime list.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

The Defendant did not pay KRW 2,279,238 of F retirement pay to retired workers who worked in the said workplace from July 4, 2016 to August 31, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each petition and a written statement of D, E, F, H, and I;

1. Application of the respective Acts and subordinate statutes to J and G;

1. Article 109(1) and Article 36 of the Labor Standards Act (the fact that the worker does not pay gold) on criminal facts; Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (the retirement payment).

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