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(영문) 수원지방법원안산지원 2020.10.30 2019고단4585
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

"2019 High-class 4585" defendant is a building C and the E-representative director in the Dispute Resolution Co., Ltd., who ordinarily employs 80 workers and carries on the manufacturing industry.

Where a worker retires, he/she shall pay the wages or retirement allowances within 14 days after the cause for such payment occurred.

The Defendant, while working in the foregoing workplace from September 9, 2013 to October 21, 2019 at the same workplace, did not pay KRW 2.5 million of the retired F, July 2019, within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date, as described in the attached Table (1) No. 1 and 2, as described in the attached Table of Crimes (1) to October 31, 2019, while working in the above workplace from September 9, 2013 to October 31, 2019, and did not pay KRW 36,037,745 of the wages and retirement allowances of two retired workers within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.

The defendant is the representative director of the building C in light of light and G Co., Ltd. as the representative director of the G Co., Ltd. in subparagraph D, who ordinarily employs seven workers and operates the aircraft flight education business.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from March 2, 2017 to August 31, 2019 at the above workplace.

A retired H’s total of KRW 14,827,379, including wage 3,44,380 on May 2019, was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date between the parties, as shown in the Schedule of Crimes (A).

2. An employer who violates 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

(b).

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