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(영문) 서울중앙지방법원 2017.10.25 2017고단5065
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The non-paid part related to the C-A-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-S

(a) An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred: Provided, That the period may, in special circumstances, be extended by mutual agreement between the parties concerned;

From January 1, 2016 to January 11, 2017, the Defendant worked at the said workplace and retired workers E’s total of KRW 3,042,67 won in December 2016, and KRW 4,029,980 in January 2017, did not pay wages of KRW 987,313 in the date of retirement within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, and did not pay KRW 39,914,43 in total, including money and valuables of KRW 15 in the day of retirement, as shown in the attached list of crimes (1).

(b) An employer who violates the guarantee of retirement benefits of a worker shall, in cases where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred: Provided, That the period of payment may, in special circumstances, be extended by mutual agreement between the parties concerned;

Defendant did not pay KRW 3,040,671 of the aforementioned E retirement pay within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period between the parties, and did not pay KRW 24,473,128 in total for 12 employees, as shown in the List of Attached Crimes (1).

2. The defendant is the representative director of the Jung-gu Seoul, Jung-gu, Seoul, and 602, and seven full-time workers shall operate a hotel leasing business.

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