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(영문) 대전지방법원 천안지원 2018.11.29 2018고단1818
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 "2018 Highest 1818" is an employer as the representative director of C, a corporation that engages in plastic business in Asan City B.

1. An employer in violation of the Labor Standards Act has paid wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred if a worker dies or retires, but the Defendant did not pay the total amount of KRW 31,424,157 of the wages of the nine workers within 14 days from the date of each retirement without any agreement on the extension of the payment deadline between the respective parties, as described in the I, II, including the details of money and valuables in arrears in attached Form D, 2,251,476 won in January 23, 2017 to February 6, 2018.

2. An employer who violates the Act on the Guarantee of Retirement Benefits of Workers has retired from office, but the Defendant did not pay the retirement allowance of 1,534,257 won from the date of each retirement within 14 days from the date of each retirement without any agreement between the parties on the extension of payment period from March 1, 2016 to September 12, 2017.

The defendant of "2018 Highest 2149" is the representative director of C in Asan City F, who ordinarily employs 35 workers and engages in the business of plastic withdrawal.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, from October 23, 2014 to February 1, 2018, did not pay KRW 1,858,410 in December 2017 to G workers G retired from the said workplace, and paid KRW 7,832,041 in total, KRW 3,035,90 in January 2018, and KRW 7,937,730 in February 2, 2018, without an agreement between the parties on the extension of the payment date.

2. An employer who violates the Guarantee of Retirement Benefits of Workers;

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