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(영문) 의정부지방법원 고양지원 2015.08.07 2014고단1268
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[2014 Highest 1268] The Defendant is a representative operating C in the Co., Ltd. in Pakistan-si, who employs 30 full-time workers and operates the cosmetics manufacturing business.

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;

The defendant is working for the above company from March 17, 199 to December 31, 2013.

A retired worker D's wages and bonuses totaling KRW 38,245,918 for 12 workers, as shown in attached Table 1, including KRW 1,098,410, Nov. 1, 2013, did not pay 38,245,918 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where the employee dies or retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

The defendant is working for the above company from March 17, 199 to December 31, 2013.

52,378,445 won of retirement allowance for 12 employees, as described in attached Table 1, including 16,029,080 won of retirement allowance of retired workers D, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

[2015 Highest 1195] The Defendant is an employer who runs the business of manufacturing cosmetics using 30 full-time workers under the trade name of “stock company C” in Pakistan-si.

3. The Defendant in violation of the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits did not pay 11,10,860 won in total, including the amount of 5,354,690 won and retirement pay of 5,746,170 won, which was retired from the said workplace from the said workplace from April 1, 201 to April 30, 201, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned, as shown in attached Table 2.

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