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(영문) 대전지방법원 천안지원 2019.08.30 2018고단2925
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

(e).

Reasons

Punishment of the crime

The defendant of "2018 Highest 2925" is the user as the representative of "H" who operates the automation equipment manufacturing business in Seo-gu, Seo-gu, Incheon Metropolitan City.

Where an employee dies or retires, the employer shall pay all money and valuables, such as wages and retirement allowances, within 14 days after the cause for such payment occurred, but the Defendant did not pay the total amount of 41,228,281 won of the first wages and retirement allowances, which he retired while working in the same workplace as shown in No. 6 of the attached Table of Crimes No. 146.

The defendant of "2019 High-class 1306" is the representative of the H in the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City, who operates the manufacturing industry with 20 full-time employees.

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

The Defendant, as stated in the attached list of crimes, did not pay the total amount of KRW 45,90,002 paid by two workers within 14 days from the date of retirement, as stated in the attached list of crimes, as well as KRW 2,416,67 of the J's wage in August 2018, in the said place of business, from January 13, 2014 to January 31, 2019, as well as KRW 45,90,000,000, respectively, to the said place of business.

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 extenuating circumstances.

The Defendant, as well as 11,950,195 retirement allowances of the said J, shall extend the payment period between the parties, as shown in the attached list of crimes.

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