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(영문) 수원지방법원 평택지원 2015.11.27 2015고단1230
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 is the representative director of G Co., Ltd. in Pyeongtaek-siF, who runs a construction business with 45 full-time employees.

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

Nevertheless, the Defendant worked from August 1, 2014 to October 1, 2014 at the “I Schools and Air Accommodation Facility Construction Work,” which was implemented in Pyeongtaek-si H, and did not pay 81,547,710 won, including the total wage of 4,740,000 won to retired workers J, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date, as shown in the attached Table of Crimes List (1).

The Defendant, as the representative director of G Co., Ltd. in Pyeongtaek-siF, is a user who runs a construction business using 45 full-time workers.

1. When a worker 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 worked from September 26, 2013 to March 9, 2015 at the site of “La apartment civil construction work”, which was implemented at K at Sast City, and did not pay 4,838,700 won in total as wages to retired workers M, and did not pay 8,778,700 won in total to 3 workers within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

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’s payment of retirement allowance of KRW 5,445,200 to the above M is written in the attached list of crimes (1).

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