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(영문) 대전지방법원 천안지원 2020.04.29 2019고단1803
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 is the representative of C Co., Ltd. located in Dong-gu, Nam-gu, Dong-gu, Seoul, who is an employer who operates a manufacturing business with eight regular workers.

"2019 Highest 1803"

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

The Defendant, at the above C’s place of business, worked from December 1, 2014 to November 21, 2018 and did not pay 69,917,766 won, including 5,764,041 won in September 2018 of retired workers D, and 69,917,766 won in total, as stated in the attached crime list, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended according to the agreement between the parties in special circumstances.

The Defendant did not pay the total amount of KRW 59,966,435, as stated in the attached list of crimes, including KRW 24,438,302, as well as KRW 24,438,302, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

"200 Highest 134"

3. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

The Defendant shall work in the foregoing workplace from October 31, 2017 to August 28, 2018, and pay the retired workers E’ wages of KRW 625,310,00 from August 2018, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

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