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(영문) 의정부지방법원 2018.06.20 2017고단4541
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2017 Highest 4541" is a full-time user who operates a aggregate extraction company using 13 full-time workers as a representative of the D (ju) E located in Macheon-si.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not pay KRW 80,931,259, total amount of wages of KRW 40,931,259, as shown in the attached Table Nos. 2 through 10, as well as the payment of KRW 803,412 of the F’s wage in July 2017, which was worked at the above workplace from August 1, 2016 to July 10, 2017 at the above workplace, within 14 days from each retirement date, although there was no agreement between the parties on the extension of the payment date.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 3,250,688 of the F's retirement allowance working at the above workplace from August 1, 2016 to July 10, 2017 as well as KRW 6,968,079 of the total retirement allowance of two workers, such as the F's retirement allowance No. 7,968,079, as shown in the list of crimes in the attached Table 9, even though there was no agreement between the parties on the extension of the payment date, within 14 days from each retirement date.

The defendant of "2018 Highest 45" is a full-time employee who is the representative director of Gyeonggi-si D (ju) E located in Gyeonggi-si and operates aggregate extraction enterprises using 13 full-time employees.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the defendant at the above workplace.

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