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(영문) 수원지방법원 2018.07.05 2016고단5253
근로기준법위반등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2016 Highest 5253" is an actual manager of BM in Hasung City BL, who employs 30 full-time workers.

The Defendant did not pay KRW 7,939,176 of retirement pay to retired workers BN while working in the same workplace from July 28, 2014 to March 4, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

The defendant of "2016 Highest 5832" is a full-time worker of 30 full-time workers who operate a manufacturing business.

1. The Defendant violated the Labor Standards Act (hereinafter “Labor Standards Act”) was employed by BM for the period from April 25, 2013 to July 15, 2016, and the Defendant did not pay KRW 7,594,256, including the total amount of KRW 2,250,010 in May 2016, and KRW 2,250,010 in June wage, KRW 1,08,709 in July wage, KRW 2,005,527 in annual salary, and KRW 7,594,256 in annual salary and retirement pay from the date of retirement within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. From April 25, 2013 to July 15, 2016, the Defendant violated the Guarantee of Retirement Benefits for Workers: (a) the Defendant did not pay KRW 7,499,383 of the retirement allowances of workers retired from office in BM within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned; and (b) the Defendant did not pay KRW 19,246,819, total sum of two retirement allowances of workers retired from office within 14 days from the date of retirement without agreement on the extension of the payment period between the parties concerned.

The defendant of "2016 Highest 8165" operates a manufacturing business of PED lighting located in Hasung City.

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