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(영문) 인천지방법원 부천지원 2020.01.10 2019고단2311
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is the actual management owner of a stock company C in Kimpo-si, Kimpo-si, who runs the mechanical manufacturing business using five regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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.

The Defendant, at the same place of business, worked from around December 1, 2018 to February 28, 2019 and retired from the said place of business, did not pay 38,458,350 won in total for nine retired workers within 14 days from the date when the cause for the payment occurred without an agreement on the extension of the due date between the parties concerned, as shown in the attached Table 1 List of Crimes 1, including KRW 833,350 as well as KRW 83,350 on December 2, 2018.

2. The Defendant is an employer who is operating a mechanical manufacturing business with five full-time workers as an E manager in Kimpo-si B, Kimpo-si.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, retirement allowances, 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 is working from May 20, 2017 to May 20, 2019 at the above workplace.

The retired F’s wages of KRW 8,250,00,000, as indicated in the attached Table 2, did not pay KRW 21,550,000 in total for three retired workers within 14 days from the date of occurrence of the relevant payment cause without an agreement between the parties on the extension of the due date.

(b) An employer in violation of 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

(2).

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