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(영문) 의정부지방법원 2020.05.20 2019고단3174
근로자퇴직급여보장법위반등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the representative of the (State)C located in Namyang-si, Namyang-si, the Defendant is an employer who runs household manufacturing and wholesale and retail business by employing eight full-time workers.

1. On July 1, 2013, the Defendant violated the Labor Standards Act is serving as a member of the above company.

D’s wages of 563,390 won in April 2017, 2017, the wages of 3,087,590 won in June 2017, and the wages of 2,380,840 won in July 2017, and the wages of 3,797,090 won in August 2017, did not pay 9,828,910 won in total within 14 days from the date of occurrence of the cause for the payment, without any agreement between the parties on the extension of the due date.

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act did not pay retirement allowance of KRW 14,388,677 as above D within 14 days from the date of occurrence of the relevant cause for payment, without any agreement between the parties on extension of the due date.

The Defendant, as the representative of C Co., Ltd. in Namyang-si, Namyang-si, 200, is an employer who runs household manufacturing and wholesale and retail business by employing ten full-time 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;

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

Nevertheless, the Defendant, at the above workplace from May 1, 2015 to October 16, 2017, did not pay the total amount of KRW 33,846,850 to nine workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties, including KRW 1,65,630, monthly wage of September 2017 and KRW 1,127,30, monthly wage of October 10 and KRW 1,127,30, as shown in the list of crimes in the attached Table.

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

(b).

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