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(영문) 대전지방법원 천안지원 2019.11.22 2019고단331
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 of "2019No331" is the actual manager of C in Asan-si B, who runs the business of manufacturing automated machines by employing 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 fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, from October 1, 2016 to October 31, 2018, is serving as an assembly worker belonging to the production team in the foregoing workplace.

D's wages of 372,560 won in July 2018, wages of 714,280 won in August 2018, wages of 1,185,270 won in October 2018, and wages of 4,982,540 won in November 2018, shall not be paid within 14 days from the date of retirement without any agreement on extension between the parties to the payment, as shown in the attached list of crimes.

The total amount of wages of two retired workers was not paid 8,968,370 won within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

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 any cause for such payment occurs; and

Nevertheless, the Defendant, from October 1, 2016 to October 31, 2018, is serving as an assembly worker belonging to the production team in the foregoing workplace.

Retirement allowances of 4,461,080 won of retirement allowances of DD shall be worked at the relevant workplace as shown in the list of crimes in the attached Form, such as where the relevant party fails to pay each amount within 14 days from the date of retirement without any agreement on the extension

The retirement allowance of 11,453,910 won in total for two retired workers was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

The defendant of "2019 Highest 1364" is the actual manager of C in Asan-si B, who is a user of automated machinery manufacturing business using four regular workers.

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