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(영문) 의정부지방법원 고양지원 2015.05.01 2014고단1665
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

[2014 Highest 165] The defendant is the actual representative of D in P in P in P in P in P in P in P in P in P in P in P in P in P in P inP, who employs 20 full-time workers

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 14 days after the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned;

Nevertheless, the Defendant, who worked in the said workplace from March 12, 2001 to November 30, 201, did not pay KRW 4,016,00,000 as total of the wages of E of retired workers from the said workplace from November 1, 201 to February 28, 2013, including the wages of KRW 2,516,00,000 of retired workers F, who worked in the said workplace from December 11, 201 to February 28, 2013, within 14 days from the date of retirement without an agreement on the extension of the due date between the respective parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him retirement allowances within fourteen days after any cause for such payment occurred, unless the payment is extended by agreement between the parties concerned.

Nevertheless, the Defendant did not pay 29,080,986 won of retirement allowances of E retired workers from the said workplace from March 12, 2001 to November 30, 201, without agreement between the parties on the extension of the payment date.

[2014 Highest 3105]

3. 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 14 days after the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned.

Nevertheless, the Defendant, from March 18, 2002 to May 1, 2013, extended the payment date between the parties, one million won of G wages of retired workers while serving in the above workplace from March 18, 2002.

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