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(영문) 서울중앙지방법원 2018.08.13 2018고단373
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who operates a stock company in Jung-gu, Seoul and the second floor and is engaged in the manufacturing business, etc.

When a worker retires, an employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

[2018 Highest 373] The Defendant did not pay the total of KRW 11,297,474 from the date of retirement to December 14, 2016 to the date of the extension agreed upon between the parties and the parties. The Defendant did not pay KRW 4,363,694 of the wages and retirement allowances of KRW 6,93,780 of the retired workers D, which was employed in the said workplace from December 21, 201 to December 14, 2016.

In addition, the Defendant did not pay the total of KRW 49,408,631 and the total of KRW 41,663,941 as well as KRW 91,072,572 from the date of retirement within 14 days from the date of retirement and within the payment period agreed between the parties.

[2018 Highest 782] The Defendant, from January 2, 2014 to May 12, 2017, did not pay KRW 11,935,821 in total and KRW 17,302,801 in wages and retirement allowances of retired workers E, within 14 days from the date of retirement, and within December 31, 2017, which is the date of extension agreed between the parties.

In addition, the Defendant did not pay the total amount of KRW 35,039,962,133,133, and 133 within 14 days from the date of retirement and within the due date of payment agreed between the parties, as stated in (2) Nos. 1 to 5 of the List of Crimes Nos. 57,693,171 and (2) of the total amount of wages and annual settlement refunds for 5 employees of the above company as well as the total amount of retirement allowances for 35,039,962 employees of the above company, as stated in (2) No. 1 to 5.

[2018 Highest 1437] Defendant: (a) from January 6, 2016 to August 24, 2017, the sum of F’s wages 4,135,155 won and retirement allowances 3,951,960 won and retirement allowances 8,087.

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