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(영문) 서울남부지방법원 2020.10.23 2020고단1570
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual representative of Guro-gu Seoul Metropolitan Government D and E, who ordinarily employs ten workers and operates a transportation system development and manufacturing business. A.

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

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

Nevertheless, the Defendant is working from September 17, 2018 to August 5, 2019 at the above workplace.

As stated in the following day G workers G's wage of 4,00,000 won in June 2019, wage of 4,000,000 won in July 2019, and wage of 645,161 won in August 2019, refund 1,041,450 won in year-end year-end year-end settlement, as stated in the attached Table 1, 2, 3, 5, 7, and 8, it was not paid within 14 days after the retirement of 65,457,874 won in total for six retired workers without agreement between the parties to the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant is working from January 25, 2017 to August 5, 2019 at the above workplace.

The retirement allowances of H were not paid 20,634,637 won in total to four retired workers, including 12,556,768 won in retirement allowances of H on the following day, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Statement of statement to I by the police of the defendant;

1. Application of each statute of G, J, H, K, I, and L

1. Article 109(1) of the Labor Standards Act concerning criminal facts

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