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(영문) 전주지방법원 군산지원 2016.04.05 2015고단76
근로기준법위반등
Text

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

Reasons

Punishment of the crime

The Defendant is an employer who employs 20 full-time workers in Gunsan-si B to operate the “C” and runs a warehouse and transport-related service business.

"2015 Highest 76"

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

Defendant 1 worked at the above workplace and retired on November 30, 2014, paid each amount of KRW 91,705,588, including KRW 2,700,000 on August 8, 2014 of the wages of KRW 2,730,00 for workers retired from office on November 30, 2014, without any agreement between the parties on the extension of the payment date, within 14 days from the date of retirement.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

The Defendant, while working in the above workplace on November 30, 2014, did not pay 53,659,810 won in total, including 7,137,405 won of retirement allowances of employees D, who retired on November 30, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline, as shown in the list of crimes in the attached Table.

"2015 Highest 193"

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

Defendant Company worked at the above workplace and retired on August 13, 2014, and did not pay KRW 2,113,530 on July 7, 2014, and KRW 2,150,000 on July 12, 2014, to employees F retired on September 12, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

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