logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2020.05.21 2019고단1903
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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, as the representative director of Mine E located in Mineyang-si, is an employer who runs a manufacturing business by employing 23 full-time workers, as the actual representative of (i) F in Gwangju-si D, who is an employer who runs a manufacturing business by employing 10 full-time workers, and (ii) the actual representative of H in Mineyang-si G, who is an employer who runs a manufacturing business by employing 10 full-time workers.

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

Nevertheless, the defendant has worked from July 2, 2012 to May 31, 2018.

The retirement I's total wage of 19,432,760 won, including the total wage of 6,166,60 won for April, 2018 and 6,16,660 won for five months, was not paid respectively within 14 days from the date of retirement without an agreement between the parties to the extension of the payment due date, as shown in the attached list of crimes (1).

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

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

Nevertheless, the Defendant is working from July 2, 2012 to May 31, 2018 at the above workplace.

The retirement allowance of the retired I was not paid 75,035,230 won in total for six retired workers, including 17,841,640 won, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment due date, as shown in the Schedule of Crimes (2).

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the petitioner to J;

1. The police against K and L.

arrow