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(영문) 춘천지방법원 2019.08.07 2018고단1208
근로기준법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, from the date when this judgment has become final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is an employer who actually runs a household manufacturing business using ten full-time workers while operating an I stock company located in Hongcheon-gun H by March 14, 2018.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 in the said I Co., Ltd. from August 17, 2007 to April 30, 2018, and did not pay the total amount of wages of KRW 47,581,440 to two workers within 14 days from the date of each retirement without an agreement on extension of the due date between the parties concerned, as shown in the attached crime list (1), including the amount of wages of KRW 886,880, Oct. 10, 2017.

2. Defendant B is the representative director of an IF corporation located in Hongcheon-gun H from March 15, 2018, who runs the furniture manufacturing business using six regular workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the above I Co., Ltd. worked from August 17, 2007 to April 30, 2018.

Retirement allowance of 22,318,840 won, and retirement allowance of 22,318,840 won from January 5, 2009 to May 15, 2018.

Retirement allowance of 27,624,167 won, and from August 17, 2007 to May 15, 2018 for retired workers.

retirement allowances of 18,459,260 won, and the same period of employment to retired workers F.

Retirement allowance of 17,575,730 won, and the same period of employment for retired workers G.

Retirement allowance of 23,438,840 won, and the same period of employment to retired workers E

23,99,140 won of retirement pay to retired workers J.

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