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(영문) 서울남부지방법원 2015.07.29 2014고단796
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant of Geumcheon-gu Seoul Metropolitan Government "2014 Highest 796" is a person who operates a limited company D with the sixth 1006th 6th 1, Geumcheon-gu Seoul Metropolitan Government, who employs 25 full-time workers and engages in the shopping mall operation business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, at the foregoing place of business, worked from November 1, 2012 to December 15, 2013, and retired from office, did not pay 62,432,290 won in total, including wage 4,166,66 won in January 2013, as stated in the attached crime list, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

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 worked from November 1, 2012 to December 15, 2013 at the foregoing workplace, and did not pay 6,446,400 won of retirement allowance E of retired workers within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date, according to the agreement between the parties.

The defendant of the Geumcheon-gu Seoul Metropolitan Government c and 1006 is the representative of the limited-liability company D with 1006 of the 10th floor of Geumcheon-gu, Seoul, who is an employer who operates the shopping mall operation business employing 25 full-time workers.

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

Nevertheless, the Defendant is working in the company from November 18, 2013 to January 5, 2014 as shown in the attached Form.

Without agreement between F and F on December 12, 2013, wages of KRW 3,500,000,000 for retired workers and KRW 3,500,000 for wage of KRW 500,000 for wage of January 2014.

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