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(영문) 서울동부지방법원 2020.08.20 2018고단2330
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

The Defendant of Seongdong-gu Seoul is the actual manager of (ju)F in Seongdong-gu, Seoul, who runs a motor vehicle maintenance business using ten regular workers.

1. Violation of the Labor Standards Act;

A. Although an employer partly related to the liquidation of money and valuables has paid all money and valuables, such as wages, within 14 days from the time when the cause for such payment occurred if a worker dies or retires, the Defendant appears to have 16,525,980 won in the written indictment in which G wages were written from February 16, 2016 to February 28, 2018.

The employer did not pay the total amount of KRW 8,596,770 of the wages of two workers, as shown in the attached Table 1 of Crimes List 1, within 14 days from the date of occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.

B. Despite the fact that an employer has paid the full amount of wages directly to an employee in currency at least once a month on a fixed date, the Defendant did not pay KRW 2,00,000,000 for the monthly wage of January 5, 2018, which was employed from March 8, 2011 at the above workplace, to an employee H, as indicated in [Attachment 2-3-6] No. 200,000,000 for total four employees, as indicated in [Attachment 2] No. 3-6] of the List of Crimes, respectively, on the fifth day of each month, the regular wage payment date.

2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, in the event that an employee retires, pay retirement allowances within 14 days from the time when the cause for such payment occurred, however, the Defendant did not pay KRW 6,522,730 of the retirement allowances of G when he/she was employed from February 16, 2016 to February 28, 2018 and paid KRW 18,575,30 of the total retirement allowances of two employees as shown in attached Table 1, without agreement on extension of the payment period between the parties concerned, within 14 days from the date when the cause for such payment occurred.

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