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(영문) 서울남부지방법원 2016.12.13 2015고단5631
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative of Geumcheon-gu Seoul Metropolitan Government D and 301, who conducts manufacturing business using four regular workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 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 is working in the above workplace from January 13, 2015 to May 31, 2015.

No. 1,2,00 per annum of the annexed List of Offenses, including 5,000,000 won of wages of retired F

3. On November 22, 2016, there was a decision to dismiss a public prosecution on the violation of the Labor Standards Act against H with respect to the stated workers H.

As above, 52,823,173 won in total for three workers was not paid until 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker dies or retires, 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 is working from July 14, 2013 to May 31, 2015 at the above workplace.

“I” in the indictment of G that retired from office is a clerical error in the misunderstanding of “G,” and “3,682,5840 won” in the indictment of “3,682,548 won” is a clerical error in the misunderstanding of “3,682,548 won. Neither B, nor No. 2 of the annexed schedule of crime committed.

3. The 11,207,632 of the retirement allowances of two workers as described above did not pay 14 days after the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

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

1. The police statement concerning G;

1. The details of the petition and arrears;

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