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(영문) 수원지방법원 안산지원 2015.11.18 2015고단1245
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the representative of the (State)C in Ansan-si, who is an employer who operates a printing circuit manufacturing business using 35 regular workers.

[2015 Highest 1245]

1. The Defendant in violation of the Labor Standards Act did not pay KRW 5,169,460 in total amount of wages of workers D who provided labor to the said workplace from September 14, 2009 to November 7, 2014, and did not pay KRW 14,074,660 in total amount of wages for three workers as stated in the attached Table 1 No. 9 to 111, as shown in the attached Table No. 11 of the crime inundation, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date between the respective parties.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 2,319,050 of retirement allowances for workers D who provided labor at the aforementioned workplace from September 14, 2009 to November 7, 2014, and did not pay KRW 8,493,517 of the total retirement allowances for three workers within 14 days from the date of retirement without any agreement on extension of the payment date between the parties concerned, as described in attached Table 1 No. 9 to 11.

[2015 Highest 1347]

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay him/her wages within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked at the above workplace from December 1, 2009 to July 4, 2014, and did not pay the total amount of KRW 30,349,130, as shown in attached Table 2, as well as KRW 1,782,810 on May 201, 2014 of retired workers E, within 14 days from the date of retirement without agreement on the extension of the due date.

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 the cause for such payment occurred; and

Nevertheless, the defendant worked at the above workplace from July 21, 2009 to August 17, 2014, and 3,708.

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