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(영문) 인천지방법원부천지원 2020.09.22 2020고단1084
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six 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

[200 Highest 1084]

1. The Defendant is the actual representative of “C” located in Kim Jong-si, and the employer who runs a manufacturing business using one full-time employee.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and other valuables, and retirement allowances within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 21,230,283, retirement allowances, KRW 10,512,953, in total, monthly wages of KRW 21,230,283, retirement allowances, KRW 10,512,953 in the said workplace from February 13, 2015 to May 31, 2019, as wages of KRW 889,374, Sept. 2018; KRW 2,840,909; and KRW 2,50,000 during the period from November 2, 2018 to May 2019, without an agreement between the parties on the extension of payment dates.

"200 Highest 2561"

2. The Defendant is the actual representative of “C” located in Kim Jong-si, and the employer who runs a manufacturing business using one full-time employee.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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.

Nevertheless, the Defendant, at the foregoing workplace, worked from August 1, 2019 to January 20, 202 and retired from office, did not pay KRW 600,000 as wages in October 2019, wage of KRW 3,200,000 in November 2019, wage of KRW 3,200,200 in December 2019, and wage of KRW 7,000,000 in December 3, 2019, without an agreement between the parties on the extension of the due date.

Summary of Evidence

[200 Highest 1084]

1. Defendant's legal statement;

1. D’s authenticity and statement [2020 order 2561] Defendant’s legal statement E is applied to the law of the court.

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