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(영문) 대전지방법원 천안지원 2020.07.24 2020고단1120
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of corporation C in Pyeongtaek-si B, who runs a construction business using 12 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, 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 worked from September 10, 201 to October 31, 2019 at the site of the new construction of neighborhood living facilities located in Dong-gu, Dong-gu, Dong-gu, Chungcheongnam-gu, and did not pay the total of KRW 70,948,540,00 for three workers within 14 days from the date on which the cause for the payment occurred without an agreement between the parties on the extension of the due date for payment between the parties, and did not pay the total of KRW 1,650,00 for three workers within 14 days from the date on which the cause for payment occurred, as shown in the attached list of crimes.

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

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

Nevertheless, the Defendant worked from September 10, 2018 to October 31, 2019 at the above construction site, and did not pay 3,850,000 retirement allowances of retired workers E within 14 days from the date on which the cause for payment occurred without agreement on the extension of the due date between the parties, and did not pay 16,64,000 won in total for three employees as shown in the separate crime list, as stated in the separate crime list, within 14 days from the date on which the cause for payment occurred without any agreement on the extension of the due date between the parties.

b)a summary of the evidence;

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