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(영문) 의정부지방법원 고양지원 2020.01.30 2019고단2267
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a user who operates a manufacturing chain C in Pakistan-si B in Pakistan-si.

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;

Nevertheless, the Defendant did not pay the total amount of wages of 3,725,190 won, including the total amount of wages of 3,725,190 won, which he/she retired from the said workplace from April 5, 2018 to April 17, 2019, within 14 days from the date of retirement without an agreement on extension of the due date, as shown in the attached Table 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

Nevertheless, the Defendant did not pay the total amount of KRW 18,851,90 for five employees, as shown in the list of crimes (1) as well as KRW 3,075,530, who retired from the Defendant, while working in the said workplace from October 16, 2017 to January 31, 2019, within 14 days from the date of retirement without an agreement on extension of the due date.

The Defendant, as the representative director of C, a stock company in Pakistan-si, is a user who produces slid-type housing, content, etc. by employing workers while operating the above company.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the F’s wages of KRW 4,875,00 and retirement allowances of KRW 3,95,060, which are employees working from September 5, 2017 to May 31, 2019 at the above workplace, within 14 days from the date of retirement, without agreement between the parties to the labor contract on extension of the due date.

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