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(영문) 의정부지방법원 2021.01.13 2019고단4898
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant of "2019 Highest 4898" is a C representative in Namyang-si B, who employs six full-time workers and operates a household manufacturing business.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, from July 3, 2016 to October 3, 2018, the Defendant did not pay the total amount of KRW 23,685,161 of the wages of three workers within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, as shown in the attached Table, including D’s wage of KRW 4,50,000 in July 3, 2018, wage of KRW 4,50,000 in August 2018, wage of KRW 4,50,00 in September 20, 2018, and wage of KRW 145,161 in October 14, 2018.

(b) An employer shall, where a worker dies or retires, pay the retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, from July 3, 2016 to October 3, 2018, the Defendant did not pay the total amount of KRW 16,290,680,00 from the date of retirement to 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline, as shown in the attached Form “A arrears Details”, including KRW 9,916,30,00 of D’s retirement allowances worked at the said workplace.

The defendant of "2020 Highest 4035" is a F representative in Sincheon-si E, who runs a manufacturing business using three full-time workers.

From June 20, 2018 to November 7, 2018, the Defendant agreed on the extension of the payment date between the parties, including the amount of KRW 4,200,000 of G that retired while working in the said company and retired from office, and the amount of KRW 31,060,375 of the total wages of seven retired workers, as in the attached Table 2 of the Crimes List 2, including the amount of KRW 4,200,000 on September 2018.

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