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(영문) 수원지방법원 안양지원 2018.07.11 2017고단2336
근로기준법위반등
Text

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

Reasons

Punishment of the crime

[criminal records] On May 31, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Jung-gu District Court, which became final and conclusive on October 26, 2017.

[Criminal facts] The Defendant is an employer who runs a manufacturing business, etc. with six full-time workers in Co., Ltd. located in Co., Ltd. in Pakistan-si.

1. When a worker dies or retires, the employer who has violated 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 14 days after his retirement without agreement between the parties regarding the extension of the payment date, including the extension of the payment date of the total of 9.5 million won for three workers' wages from November 1, 1989 to November 30, 2016 of the retired workers D's retirement workers D's wage of 2.5 million won on October 201, 2016, and the partial wage of 2.5 million won on November 201, 2016, without agreement between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for each worker shall, if the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant did not pay 14 days from the date of retirement without agreement between the parties with respect to the extension of the payment period of KRW 42 million of retirement pay of KRW 8880,00,000 of retirement pay of the employee D who retired while working in the above workplace as described in the above Paragraph 1 of the same Article, and with respect to the extension of payment period of KRW 7,482,6397 as stated in the list of crimes in the attached crimes.

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