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(영문) 광주지방법원 2016.02.25 2014고단4961
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

The defendant of "2014 Highest 4961" is a representative of the (ju) E in Gwangju Mine-gu, who ordinarily employs 12 workers and operates a refined fuel manufacturing business.

From September 24, 1996 to October 13, 2014, the Defendant did not pay 115,440,259 won, total sum of 115,45,259 won, as stated in the list of crimes in the attached Form, including 25,05,100 won, annual leave allowance of 2013,290, retirement allowance of 48,580,968 won, wage and retirement allowance of 74,50,358 won, as well as 115,440,259 won, which are paid to two workers working at the above workplace, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

Defendant 1 as the representative of the above (State) E: “2015 Highest 347,00

1. An employer should pay wages within 14 days from the date of retirement, unless there is an agreement between the parties to the extension of the due date for payment, provided that Defendant C’s work at the said workplace from October 1, 2003 to November 28, 2014, with bonus 5,347,180 won, bonus 2,750,000 won, bonus 2,750,880 won, bonus 2014, bonus 4,165,880 won, bonus 12,263,060 won, and bonus 12,2060 won, annual unpaid leave allowances 629,530 won, total 12,892,590 won, without agreement between the parties to the payment extension of the due date.

2. In the event that an employee retires, the employer has to pay the retirement allowance within 14 days from the date of the retirement unless there is an agreement between the parties to the extension of the payment deadline, but the Defendant did not pay the said C’s retirement allowance of 26,703,120 won within 14 days from the date of the retirement unless there is an agreement between the parties to the extension of the payment deadline.

Defendant 1 as the representative of the above (State) E, and Defendant 1 as the representative of the above (State), did not pay G wages, bonuses, annual allowances, and retirement allowances of KRW 17,686,590 in total, and retirement allowances of KRW 52,813,780 in total.

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