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(영문) 전주지방법원군산지원 2020.10.28 2019고단1391
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative of the KJ of the Si of Gunsan-si, who is a full-time worker and operates a special lecture manufacturing business.

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: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant, from April 21, 2015 to August 7, 2019, did not pay KRW 2,259,000 to the said workplace and retired from the said workplace in July 2019, and did not pay KRW 10,593,925 of the total wages of three workers (K, L, and M) within 14 days from the date of retirement, as described in attached Table 1, 7, 9, and 10.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred: Provided, That the payment date may be extended under special circumstances, by mutual agreement between the parties concerned.

Nevertheless, from April 21, 2015 to August 7, 2019, the Defendant did not pay the total amount of KRW 9,587,584 of K's retirement pay of KRW 9,587,584 of K's retirement pay, as described in the attached Table 2 No. 7, 9, and 9, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Application of Acts and subordinate statutes on the calculation of each of the police's written statement concerning B's legal statement, each written statement by the petitioner, and each retirement allowance calculation;

1. Article 109(1) and Article 36 of the Labor Standards Act as to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of retirement allowances).

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