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(영문) 광주지방법원 2018.02.07 2017고단1050
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who runs a construction business as the representative director of H located in G at Na State.

"2017 Highest 1050"

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;

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

Nevertheless, the Defendant did not pay the total amount of KRW 7,350,000, which was worked from the above (ju) H to December 23, 2016 from November 16, 2015, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline, as stated in the attached Table 1 to 4,6, and 8, the total amount of wages of KRW 14,80,000 for seven retired workers, as shown in the attached Table 1 to 14 days from the date of retirement, as well as in the attached Table 1 to 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the Defendant did not pay the retirement allowances of KRW 4,59,367 of the I retirement allowances of KRW 4,57 from November 16, 2015 to December 23, 2016, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline, as shown in attached Table 1 of the List of Crimes, as well as the total amount of KRW 7,734,928 of the retirement allowances of two retired workers, as shown in attached Table 1.

When an employer of the 2017 Highest 1287 retires, 14 days from the date on which the cause for payment occurred unless the due date is extended by an agreement between the parties, in extenuating circumstances.

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