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(영문) 서울남부지방법원 2019.06.12 2018고단3366
근로기준법위반등
Text

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

except that 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 a user who employs 30 full-time workers as the representative director of Geumcheon-gu Seoul Metropolitan Government (State) building C, and engages in software development and supply business.

When a worker retires, an employer of the 2018 Highest 3366 " shall pay the worker wages, compensations, and any other money, valuables, or retirement allowances within 14 days from the time when the cause for such payment occurred.

Nevertheless, the Defendant is working from September 26, 2016 to February 28, 2018 at the above workplace.

The total amount of KRW 10,683,800 and KRW 6,034,243 of retirement allowances, including wages and annual-end refund, etc., of retired E, were not paid within 14 days from the date of retirement, and the total amount of KRW 12,350,60,600 and retirement allowances, including the total amount of KRW 16,903,533, as shown in the attached crime list, did not pay within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

When a worker dies or retires, an employer of the 2018 Highest 5944 shall pay the worker wages, compensations, retirement allowances, and other money or valuables within 14 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 in the workplace from January 12, 2015 to March 5, 2018.

Labor for the total amount of wages of retired FF 2,612,903 won and retirement pay 7,082,875 won, and from March 14, 2016 to November 30, 2017.

The retirement allowance of the retired G was not paid KRW 13,376,794 in total, 3,681,016, within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

An employer of the 2018 Highest 6569 shall pay wages, compensations, retirement allowances, and any other money or valuables to a worker within 14 days after the cause for such payment occurred if the worker dies or retires.

Provided, That if there are special circumstances, the agreement between the parties shall be reached.

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