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(영문) 수원지방법원 안산지원 2017.03.09 2016고단2229
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

[criminal records] On July 13, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of fraud in the support of Suwon Friwon, and the judgment became final and conclusive on December 24, 2016.

[2] The Defendant of the 2016 High Order 2229 is an employer who has been engaged in gold-type manufacturing business by using eight full-time workers as an actual manager of H located in Sistitu City G in Sistitu City.

1. When an employer violating the Labor Standards Act retires, he/she shall pay wages, compensations, and all other money and valuables, unless the parties have agreed to extend the fixed date, due to special circumstances, within 14 days after the cause for such payment occurred;

From April 1, 2012 to November 1, 2015, the Defendant did not pay KRW 12,087,150, total amount of wages of workers I retired from the said workplace within 14 days from the date of retirement, without any agreement on the extension of the fixed period between the parties, as well as KRW 22,630,40, total amount of wages of two retired workers as shown in the attached Table No. 3,5 of the day of the crime committed in the attached Table, without any agreement on the extension of the fixed period between the parties.

2. An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned on the extension of the fixed date.

From April 1, 2012 to November 1, 2015, the Defendant did not pay 14,135,260 won of retirement pay to an employee I retired from the said workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

On January 10, 2015, the defendant of "2016 Highest 2903" will make payments in cash by the end of April to L of the victim K's representative director at the 'H' office operated by the defendant in the J of Sinung-si, Sinung-si on January 10, 2015.

“A false statement is made.”

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