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(영문) 의정부지방법원 고양지원 2015.01.30 2014고단2842
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than two months.

Of the facts charged in the instant case, the violation of the Labor Standards Act concerning Victim C.

Reasons

Punishment of the crime

[Criminal Power] On December 17, 2014, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Illegal Check Control Act at the Jung-gu District Court on December 17, 201, and the said judgment became final and conclusive on December 25, 2014.

【Criminal Facts】

The defendant, as the representative of E Co., Ltd. in Pakistan, employs 10 full-time workers, and is the representative of F in the same place, who is a full-time worker of eight full-time workers.

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 14 days after the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned;

Nevertheless, the Defendant, while working from August 19, 2010 to August 8, 2013 at the above workplace, did not pay KRW 1,685,805 of G wages of retired workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned, and did not pay KRW 10,000,630 (excluding KRW 2,082,40 of C’s overdue wages) for the total amount of wages of four workers (excluding KRW 3C) as shown in the attached Table 1 of the Crimes List, within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him retirement allowances within fourteen days after any cause for such payment occurred, unless the payment is extended by agreement between the parties concerned.

Nevertheless, the Defendant did not pay the said G retirement allowance of KRW 973,700 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, and did not pay the said G retirement allowance of KRW 19,880,488 (except for KRW 10,847,650 in arrears retirement allowance of KRW 10,847,650 in order to extend the due date between the parties, as shown in the attached list 2.

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