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(영문) 광주지방법원 2018.11.21 2018고단1569
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2018 Highest 2070"

1. The Defendant is the representative of the AO in the Northern-gu Seoul Metropolitan City, Gwangju Metropolitan City, who runs the manufacturing industry by ordinarily employing 85 workers.

2. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant, from October 7, 2015 to September 18, 2017, did not pay KRW 3,284,750 of the AP retired from the said workplace on August 2017 within 14 days from the date of the retirement without an agreement between the parties concerned, and did not pay KRW 3,129,110 in total of the wages of 9 workers within 14 days from the date of the retirement without agreement between the parties concerned.

3. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the Defendant, from October 7, 2015 to September 18, 2017, did not pay KRW 7,573,194 of the AP retirement pay to the Defendant, who retired from the said workplace, within 14 days from the date of the retirement without an agreement between the parties, and did not pay KRW 62,451,97 in total, as shown in the list of crimes in the attached Form (2) re-paragraph (B), within 14 days from the date of retirement without agreement between the parties.

The defendant of "2018 Highest 2619" is an employer who has been engaged in the manufacturing industry using 85 full-time and 60 full-time workers as the representative director of Gwangju Northern-gu (ju), Q and (ju) AR located in Gwangju Northern-gu.

1. (Week) Violation of the Labor Standards Act in relation to A Q.

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