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(영문) 춘천지방법원 2020.11.11 2019고단832
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is an employer who operates his business as an I representative director, a corporation in Chuncheon City H, as a representative director.

1. Violation of the Labor Standards Act

(a) When a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant is working from November 1, 2016 to January 31, 2019 at the above workplace.

The retirement worker J's 3,50,340 won, each of the wages in November and December 2018, and 10,606,850 won, each of which was paid in January 2019, was not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

(b) If an employer who has not received advance payment of dismissal allowances intends to dismiss a worker, he shall do so at least 30 days prior to the dismissal, and if he did not do so 30 days prior to the dismissal, he shall pay not less than 30 days ordinary wages.

Nevertheless, the Defendant did not pay KRW 3,950,000 of ordinary wages for at least 30 days when dismissed on January 23, 2019 after giving notice of dismissal to workers B who had worked from September 14, 2015 at the above workplace.

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.

Nevertheless, the Defendant is working from November 1, 2016 to January 31, 2019 at the above workplace.

The retirement allowance of retired workers J was not paid KRW 8,918,137 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

The defendant is an employer who runs a general retail business, such as food and beverages, as the I representative director of Chuncheon-si H, Inc.

3. Violation of the Labor Standards Act

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other allowances within fourteen days after the cause for such payment occurred;

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