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(영문) 광주지방법원 2015.08.13 2014고단4651
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. in Gwangju Northern-gu C and the second floor, who is engaged in the comprehensive building management business using 84 regular workers.

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

The Defendant did not pay KRW 2,90,000 of the wages of June 1, 2014 and July 7, 2014 to retired workers E who worked in the said workplace from September 1, 2002 to July 31, 2014, within 14 days from the date of retirement without extending the due date by an agreement between the parties.

In addition, the Defendant did not pay 145,187,120 won in total for 64 workers within 14 days from the date of retirement without extending the due date by an agreement between the parties, as shown in the attached list of crimes.

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

The Defendant did not pay KRW 7,082,010 of retirement pay to retired workers E, who worked in the said workplace from September 1, 2002 to July 31, 2014, within 14 days from the date of retirement without extending the due date under an agreement between the parties.

In addition, the Defendant did not pay the total amount of KRW 228,608,890 to 41 workers within 14 days from the date of retirement without extending the due date under an agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to the F, E, G, H, I, and J (Evidence Nos. 10, 15, hereinafter referred to as "the pertinent number");

1. A petition(2), unpaid wages and retirement allowances (3), employment contract(4), bonus ledger (5), bonus ledger (5), year 2013 (6), April to July 2014, bonus ledger (7), and bonus ledger (7), respectively;

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