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(영문) 창원지방법원 2020.05.08 2020고단387
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, 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 the representative director of the C Co., Ltd. located in Seongbuk-gu, Sungwon-si, Changwon-si, and the employer who runs the manufacturing business using 11 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;

Nevertheless, the Defendant provided labor between April 19, 207 to July 31, 2019 and then retired workers 15,675,027 won [i] 1,052,310 won (wages of July 2016) 1,170,695 won (wages of 2,487,703) 1,169,147 won (wages of 205, 207, 209, 207, 209, 207, 205, 207, 209, 205, 207, 205, 207, 209, 205, 207, 209, 306, 205, 206, 205, 207, 209, 206, 306, 296, 286, 2019).

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

Nevertheless, the Defendant provided labor between April 19, 2007 and July 31, 2019 to the said workplace and did not pay KRW 32,382,230 of the retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Calculation of retirement allowances, D.

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