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(영문) 광주지방법원 2020.11.27 2019고단4217
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a stock company in Nam-gu, Gwangju, who ordinarily employs 200 workers and operates a motor vehicle model business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the due date is extended by agreement between the parties concerned;

Nevertheless, the defendant is working from March 4, 2008 to February 28, 2019 at the above workplace.

A retired worker D’s unpaid annual paid leave allowance of KRW 1,727,696, as stated in the attached list of crimes, was not paid within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date of payment between the employees as stated in the attached list of crimes attached to the attached list of 19 workers, including the total amount of wages of KRW 20,264,963 as stated in the attached list of crimes attached to the attached list of 19 workers.

2. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer shall pay retirement allowances within 14 days from the date when grounds for such payment occurred, unless the payment has been extended by agreement between the parties concerned.

Nevertheless, the defendant is working from March 4, 2008 to February 28, 2019 at the above workplace.

The retirement allowances of retired workers D including 27,088,256 won, and the total amount of 167,277,607 won was not paid within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The application of respective laws and subordinate statutes of D, E, F, G, H, I, J, K, L, M, M, N, P, Q, Q, R, T, U (V), W, and X

1. Articles 109(1) and 36 (the fact that each wage, annual allowance, and refund for the year-end tax settlement is unpaid) of the Labor Standards Act as to facts constituting an offense, respectively;

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