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(영문) 서울남부지방법원 2020.06.12 2019고단3274
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, workers B, C, D, E, F, G, H, I, J, K, and L respectively.

Reasons

Punishment of the crime

The defendant is the representative of the PR in Geumcheon-gu Seoul Metropolitan Government, who is a user who conducts video production works using 23 to 24 full-time workers.

When a worker dies or retires, the employer shall pay the 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.

"2019 Highest 3274"

1. The Defendant is working in the pertinent workplace from June 1, 2010 to May 11, 2018.

S's wages of 3,166,66 and total amount of 8,776,254 won including retirement allowances of 5,69,58 won, etc., and 3,4,5,8,10,12, and 13,393,239 won in total and total of 64,904,342 won in wages of 7 workers, as described in attached Table 1 51,5,8,10,12, and 13,393,239 won in wages of 7 workers, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

"2019 Highest 6469"

2. From August 1, 2015 to June 30, 2019, the Defendant is working in the pertinent workplace.

The retirement T's wage of KRW 1,772,053 was not paid for September 2018, 148,210 and retirement allowance of KRW 20,729,941 and KRW 70,750,204 were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date between the parties.

[200 Highest 995]

3. The Defendant is working in the pertinent workplace from August 1, 2009 to April 30, 2019.

In addition to the non-payment of wages of 363,268 won in September 2018 of U retired workers, wages of 23,145,637 won and retirement allowances of 35,506,848 won as stated in attached Table 4 of Crimes, 58,652,485 won were not paid within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

Summary of Evidence

Paragraph 1 (2019 Highest 3284) of the Decision is 1.

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