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(영문) 서울동부지방법원 2020.01.16 2019고단1675
근로기준법위반등
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. On December 7, 2018, Defendant B was sentenced to a suspended sentence of ten months for violating the Labor Standards Act at the Seoul Central District Court on December 7, 2018, and the judgment became final and conclusive on December 15, 2018.

The Defendants are co-managers of Company D with the Songpa-gu Seoul Metropolitan Government C and the fifth floor, who run electricity and tidal power generation business using one full-time employee.

1. Notwithstanding the fact that an employer violating the Labor Standards Act pays all money and valuables, such as wages, within 14 days from the time when the cause for such payment occurred when a worker dies or retires, the Defendants conspired to work in the said workplace from November 1, 2015 to August 31, 2018, and did not pay the total of KRW 109,66,40, including KRW 1,333,280, as stated in the separate crime list, as well as KRW 109,66,440, as stated in the separate crime list, within 14 days from the date when the cause for such payment occurred without agreement between the parties on the extension of the due date.

2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act, when a worker retires, has paid retirement allowances within 14 days from the date when the cause for such payment occurred, but the Defendants conspired to work in the said workplace from November 1, 2015 to August 31, 2018, and did not pay KRW 11,558,200 of E retirement allowances within 14 days from the date when the cause for such payment occurred without agreement between the parties to the relevant case.

Defendant B is the representative director of G Co., Ltd. in Gangnam-gu Seoul Metropolitan Government who employs 14 full-time workers and operates the manufacturing business of power generation facilities.

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;

Defendant

B Work in G from June 17, 2013 to September 30, 2015.

Wages, etc. of retired workers E.

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