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(영문) 창원지방법원 2014.10.17 2013고단1901
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[2013 Highest 1901] The defendant is an employer who runs a construction business by employing 13 full time workers as the representative of the (ju) E in Kimhae-si D.

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

Nevertheless, the defendant is working as the chief of the management department from July 1, 2011 at the above workplace.

On January 14, 2013, as well as KRW 2,00,000 and retirement allowances of KRW 5,794,520 of the F of retired workers on July 14, 2011, each of them did not pay KRW 52,889,390 in total for employees’ four wages or retirement allowances within 14 days from the date of each retirement without any agreement on extension of the due date between the parties concerned.

[2013rd group 2355] The Defendant is the representative of the “(ju) H” in 404 of the “Seoul metropolitan Building” and is the employer who runs the civil engineering design business using 10 regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred: Provided, That in exceptional circumstances, the payment may be extended by mutual agreement between the parties concerned, but the defendant shall work as the designer of the company from August 25, 2010 to the above company, notwithstanding the extension of the payment date

On December 1, 2012, the amount of 23,057,320 won, total of 14,63,470 won and retirement allowances, total of 8,393,850 won and 23,057,320 won, which were retired from office on December 1, 2012, was not paid within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without any agreement between the parties to the extension of the due date, and the amount of 258,62,060 won, including the wages, retirement allowances, etc., total of 17 workers retired from office, as described in the list of crimes in attached Table 2

[2014 Highest 1876] Defendant Kim Jong-si.

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