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(영문) 대전지방법원 천안지원 2021.02.18 2020고단1597
근로기준법위반등
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

With the exception of the part that has already been dismissed due to the cancellation of the prosecution and the part that has been dismissed under the following, the defendant is a person who operates the company G for manufacturing and installing construction equipment in the F in Asia-si.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, and all other money and 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, the Defendant did not pay the total amount of KRW 6,632,630 from the date of retirement to June 11, 2019 as the total amount of wages of KRW 2,639,910 in March 2019, wages of KRW 2,262,780 in April 2, 2019, wages of KRW 1,382,810 in May 2019, and wages of KRW 377,130 in June 37, 2019, and KRW 6,632,630 in March 5, 2019 without an agreement between the parties to the extension of the payment date and KRW 2,3,66,8 through 12,15,16, 18, 284 through 28137 in the annexed crime list, and did not pay KRW 370 in the annexed crime list within 14 days from the date of retirement to 14 days.

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; and

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

Nevertheless, the Defendant did not pay the first retirement allowance of KRW 3,536,200 from April 10, 2018 to April 30, 2019 within 14 days from the date of retirement without an agreement between the parties to the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. J. K. K.

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