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(영문) 인천지방법원 부천지원 2020.01.09 2018고단2420
근로기준법위반등
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

Of the prosecution of this case, the victim B and C shall be prosecuted.

Reasons

Punishment of the crime

The defendant of "2018 Highest 2420" is the F representative of the corporation in Kimpo-si E, Kimpo-si, who runs the manufacturing business using 20 full-time workers.

1. When a worker retires, the employer shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant worked from April 13, 2018 to July 31, 2018 at the foregoing workplace and retired G’s wages of KRW 4,177,538 on May 5, 2018 as well as KRW 24,304,963 of the total wages of two retired workers, as described in the attached Table 1 of Crimes List of Crimes, did not pay the same within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

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

Nevertheless, the Defendant had worked from April 1, 2010 to March 5, 2018 at the foregoing workplace and had retired G retirement pay of KRW 28,687,954 as well as KRW 31,465,921, total amount of retirement allowances of two retired workers, as described in attached Table 1 of the Crimes List, did not pay within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

The Defendant, as the representative of the F Co., Ltd. in Kimpo-si, Kimpo-si, the Defendant is an employer who runs a manufacturing business using 15 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 in special circumstances, the date may be extended by mutual agreement between the parties.

The Defendant, at the foregoing workplace, worked from October 23, 2012 to August 29, 2018 and retired from his/her office, paid wages of KRW 1,134,364 on May 5, 2018 as well as KRW 60,00,00 of the total wages of seven retired workers, as shown in the attached crime list 2.

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