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Reasons
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(영문) 수원지방법원 2020.02.20 2019고단6593
근로기준법위반등
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A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a real manager of C in the eternic City B, who is engaged in a manufacturing business with seven regular workers.

1. Where an employee dies or retires, an employer unpaid such as wages shall pay him/her wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from January 1, 200 to December 31, 2018, the Defendant failed to pay the annual amount of KRW 3,149,454 in 2015, the annual amount of KRW 3,149,454 in 2016, the annual amount of annual amount of KRW 3,292,61 in 2017, the annual amount of annual amount of KRW 3,292,61 in 2018, the annual amount of KRW 12,884,130 in total, the amount of annual amount of KRW 3,292,61 in 2018, and ② from April 1, 200 to January 31, 2017, the Defendant did not pay KRW 2,945,250 in total, the annual amount of KRW 40 in 200 in 20,50 in 205,540 in 205,5705,508.

2. Where a worker retires, the unpaid employer shall pay the retirement allowance within 14 days from the date when the grounds for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 113,292,205, including KRW 90,745,955, and ② the total amount of two retirement allowances including KRW 22,546,250, E’s retirement allowances, within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. A petition, a written statement, and a statement of reasons for the petition filed by the F;

1. - Certificates and a note of payment, - A mandate.

1. Calculation statement of the amount in arrears, - Calculation of retirement allowances;

1.-The current occurrence and use of annual rents in 2018, - Certificate of Re-employment,

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