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(영문) 인천지방법원 부천지원 2014.03.27 2013고단2762
근로기준법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant is the user who employs 45 full-time workers as the C representative of the mining communication parts manufacturing company in Gwangju North-gu, Seoul.

[2013 Highest 2762]

1. The Defendant in violation of the Labor Standards Act is working from June 11, 2009 to January 28, 2013.

527,550 won of wages D for retired workers was not paid within 14 days from the date of the retirement without an agreement between the parties on the extension of the due date, and the total amount of wages of 17 workers was not paid within 14 days from the date of each retirement without an agreement on the extension of the due date between the parties concerned, as shown in the attached Table 1.

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act, including that the said employee D’s retirement pay of KRW 4,818,440 was not paid within 14 days from the date of the above retirement without any agreement between the parties on the extension of the payment date, and that the Defendant did not pay KRW 83,344,795 in total for 17 employees within 14 days from the date of each retirement without any agreement on the extension of the payment date between the parties concerned.

[2013No3052] The Defendant is working from June 12, 2006 to January 28, 2013 in the above C.

69,733 of wages E of retired workers was not paid within 14 days from the date of the retirement without an agreement on the extension of the due date between the parties, and the total of 36,080,690 of wages and retirement allowances of three workers was not paid within 14 days from the date of each retirement without an agreement on the extension of the due date.

[2014 Highest 108] The Defendant is working from March 15, 2007 to March 7, 2013.

In addition to the failure to pay wages of KRW 2,578,030 to the retired worker within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties, as stated in the attached Table 3 arrears.

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