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(영문) 서울서부지방법원 2020.10.08 2020고단1685
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the public prosecution concerning workers B is instituted.

Reasons

Punishment of the crime

The defendant is an actual operator of Mapo-gu Seoul Metropolitan Government D, a company located in Mapo-gu, and is an employer who conducts electronic re-insurance business with four full-time workers.

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

Nevertheless, the Defendant, at the foregoing place of business, worked from around December 19, 2016 to July 27, 2019 and retired from the said place of business, did not pay 846,773 won in total, including 75,268 won in July 2017, and 771,505 won in August 2019, as well as 846,773 won in total, from around October 1, 2018 to August 1, 2019, and retired from the said place of business, within 14 days in total, including 2,838,709 won in total, including 2,838,709 won in total, and 3,685, and 482 won in total, within 2,000 won in July 2019.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay 14,015,206 won, including 5,296,182 won, etc., of G retirement pay from January 30, 2017 to June 20, 2019, and two employees, including 8,719,024 won and 14,015,206 won, within 14 days from each retirement date, even though there was no agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the defendant concerning E, G, F, and H concerning a part of the police interrogation record of the suspect;

1. Application of the relevant Acts and subordinate statutes of E, F and G of each petition;

1. Criminal facts;

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