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(영문) 의정부지방법원 고양지원 2019.05.02 2018고단657
근로기준법위반등
Text

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

Of the facts charged in the instant case, Nos. 1 (A), 13 (AB), and 13 (AB) of the Attached List of Crimes.

Reasons

Punishment of the crime

The defendant is the representative of Gyeyang-gu, Incheon, the 8th floor BY Building Co., Ltd., and is an employer who operates the construction business by employing 120 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;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 3,824,30 of the wages of Z in the above workplace 2,4,8,9,11,12,27,27,34, 36, 39, 45, 46, 51, 52, 53, 58, 60, 67, 69, 70, 75, 79, 85, 86, 90, 97, 167,35,356,351 won in total for 28 workers as stated in the attached Table No. 1 of the List of Crimes.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him a retirement allowance within fourteen days after any cause for such payment occurred; and

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay KRW 36,827,453 retirement allowances in the BZ while working in the above workplace, and did not pay KRW 2,5,67,68,71, 74, 77, 78, 78, 78, 81, 86, 91, 91, 17, 18, 20, 21, 222, 23, 24, 27, 29, 30, 31, 32, 34, 37, 45, 46, 48, 51, 52, 53, 54, 60, 61, 63, 67, 67, 78, 78, 78, 85, 86, 91, 94, 95, 98, 9646, and 467.

The defendant of "2018 Highest 1225" is running a construction business by using the representative of the BY building in Gyeyang-gu Incheon Metropolitan City and 39 full-time workers.

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