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(영문) 수원지방법원 안양지원 2018.02.21 2018고단3
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is the representative director of the corporation E in Seocho-gu Seoul Metropolitan Government 907 (former D 1310, Sep. 2008) who employs 12 full-time workers and engages in software development business, etc.

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 14 days after the cause for such payment occurred;

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of KRW 2,983,30 of wages, including KRW 624,00 on April 30, 2008, KRW 624,000 on May 2008, KRW 624,000 on June 2008, and KRW 624,00 on June 3, 2008, KRW 1,111,30 on July 1, 2008, and KRW 2,983,30 on July 1, 2008, without agreement on the extension of the payment period between the parties, as stated in the attached list of crimes, to seven retired workers, within 16,401,350 on July 31, 208 without agreement on the extension of the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 16,513,90 of the F's retirement allowance retired from his/her business place from June 30, 2003 to July 31, 2008, and KRW 10,507,680 of G retirement allowance retired from his/her business place from April 1, 2005 to July 31, 2008 without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1.F.

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