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(영문) 서울남부지방법원 2020.06.26 2019고단3066
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

"2019 Highest 3066"

1. The unpaid Defendant, such as wages to workers B, C, D, E, and F, is the representative of the Geumcheon-gu Seoul Metropolitan Government G and H, who runs the manufacturing industry using 13 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 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 is working in the above workplace from June 25, 2018 to October 9, 2018.

A retired worker B’s wage of KRW 5,00,000 on August 2018, and KRW 5,000,000 on September 2018, and KRW 11,290,320 on October 2018, including KRW 11,290,320 on the wage of KRW 1,290,320 on the attached money and valuables in arrears, and KRW 65,82,940 on the total amount of KRW 22,243,962 on the retirement allowance of three retired workers and KRW 88,06,90 on the date of retirement without agreement on the extension of the payment date between the parties concerned.

2. The Defendant, such as wages to workers J, is the representative of the Geumcheon-gu Seoul Metropolitan Government G and K L company, who runs software development business by using eight full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 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 is working in the above workplace from November 1, 2016 to December 12, 2018.

The retirement J's total amount of KRW 4,930,360 and retirement pay of KRW 4,232,278 on October 2018, 2018, KRW 2,065,420 on November 2018, and KRW 79,520 on December 2, 2018, including the total amount of KRW 4,930,360 and retirement pay of KRW 4,301,918.

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