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(영문) 인천지방법원 2016.07.29 2015고단3883
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant of "2015 Highest 3883" is a full-time employee who runs the manufacturing business of motor vehicle parts by employing 120 full-time workers as the representative of the E-company located in Yeonsu-gu Incheon Metropolitan City D.

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

Nevertheless, the Defendant had worked from November 1, 2012 to December 31, 2014 at the same place of business, and had not paid the total amount of KRW 9,520,600,00 from the date of retirement within 14 days from the date of retirement, as described in attached Table Nos. 2 and 3, including the amount of KRW 1,665,420 of the retired worker F, as stated in attached Table No. 1,65,420, which included the amount of KRW 1,620 of the retired worker F.

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

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

Nevertheless, the Defendant did not pay the total amount of KRW 11,461,164 of the retirement allowances of two workers, including KRW 7,967,326 of the retirement allowances of retired workers, within 14 days from the date of retirement without any agreement between the respective parties on the extension of payment dates, as described in paragraph (1) 2 and 3 of the above crime list, including KRW 7,967,326 of the retirement allowances of retired workers at the above workplace from November 1, 2012 to December 31, 2014.

The Defendant paid the total of KRW 11,800,955, including G wages and retirement allowances, which he/she worked from March 4, 2013 to April 10, 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Defendant 2: (a) from October 10, 2013 to February 26, 2015, Defendant 2, from around October 2013 to around February 26, 2015.

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