logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2020.02.14 2019고단1670
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is an employer who employs at least 15 full-time workers as a representative of the C (State) and D (State) in Ansan-si and has been engaged in civil engineering design business.

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

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

Nevertheless, the Defendant appears to have written the written indictment of KRW 63,605,51,605,411 in total for three workers, as shown in the attached crime list, including KRW 27,947,821 in total, including KRW 2,504,720, the wage of KRW 27,947,821 in November 1, 2017, when he/she worked at the workplace of the said state (ju) from March 4, 2015 to October 19, 2018, without any agreement between the parties on the extension of the payment date between the parties.

B In the absence of agreement between the parties on the extension of the due date, the payment has not been made within 14 days from the date of each retirement.

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 any cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 17,769,504 of E’s retirement allowance from March 4, 2015 to October 19, 2018 at the place of business of the above C (State) within 14 days from the date of retirement without agreement on the extension of the due date between the parties, and did not pay KRW 45,155,849, total amount of two employees’ retirement allowances within 14 days from the date of each retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

1. The defendant's legal statement; 1.1.

arrow