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(영문) 의정부지방법원 2015.04.10 2014고단3684
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant is a representative director of "E (E)" located in Gyeonggi-do Group D, who is a user who runs the textile processing business by ordinarily employing 40 workers.

[2014 Highest 3684] When a worker dies or retires, the employer shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, while working in the workplace “E” from July 2, 2013 to April 10, 2014, did not pay KRW 1,700,000 of the F retired from the workplace within 14 days from the date of retirement without any agreement on the extension of the payment due date between the parties concerned, and did not pay KRW 46,082,152 in total for 14 workers as indicated in attached Table 1 to 13, and 15.

[2014 Highest 4489] When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, while serving in the “E” workplace from April 2, 2012 to August 30, 2014, did not pay KRW 6,883,340, retirement allowances and KRW 4,491,424, the sum of the wages and retirement allowances for 11 workers within 14 days from the date of retirement as shown in the attached Table 2, including that the Defendant did not pay KRW 63,212,275, respectively, within 14 days from the date of retirement, in total, of the wages and retirement allowances for 11 workers, as shown in the attached Table 2.

[2015 Highest 268] The Defendant’s place of business “E”, and the period of payment extended to 44,624,054 won in total, including 15,576,766 won, for employees H’ wages and retirement allowances from July 7, 2011 to December 16, 2014.

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