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(영문) 광주지방법원 2019.06.13 2019고단234
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.

Reasons

Punishment of the crime

1. The Defendant is a representative of the building B and D in subparagraph C, who runs a construction business with 15 full-time workers.

2. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant works from November 1, 2016 to October 31, 2017 at the site of new construction of a new apartment of a regional housing association or apartment in Naju-si E.

The amount of 2,040,000 wages of the retired worker F in September 2017 was not paid within 14 days from the date of retirement without an agreement between the parties, as well as the total amount of 5,717,414 won of the wages of 20 workers, as shown in the annexed Crime List, as well as the amount of 14 days from the date of retirement without agreement between the parties.

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

Nevertheless, the Defendant works from November 1, 2016 to October 31, 2017 at the site of new construction of a new apartment of a regional housing association or apartment in Naju-si E.

2,660,870 won of the F's retirement allowance of retired workers was not paid within 14 days from the date of their retirement without any agreement between the parties concerned, and the total amount of 43,417,374 won of the retirement allowance of 9 workers was not paid within 14 days from the date of their retirement, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement concerning G, F, H, and I;

1. Each written petition;

1. An agreement, each.

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