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(영문) 수원지방법원 안양지원 2017.07.21 2016고단768
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant of "2016 Highest 768" is an employer who runs a manufacturing business with 50 full-time workers as the representative of Ansan-si B (State)C in Ansan-si.

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;

Nevertheless, the Defendant did not pay the total of KRW 14,087,904, including that of KRW 200,000,000 as wages of KRW 400,000,000,000,000,000,000,000 from April 18, 2014 to October 2, 2015, and that of KRW 14,087,90,00 as indicated in the list of crimes in the attached Table, without agreement on the extension of the payment date between the respective parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant did not pay KRW 3,543,61 of the D retirement pay from April 18, 2014 to October 2, 2015 at the above workplace and did not pay KRW 3,543,661 of the D retirement pay as well as KRW 93,896,126 of the retirement pay total sum of 15 retirement pay, such as D, as shown in the list of crimes in the attached crime list, within 14 days from the date of retirement without any agreement between the respective parties on the extension of the payment deadline.

The defendant of "2016 Highest 1389" is an employer who runs a manufacturing business with 50 full-time workers as the representative of Ansan-si B (State)C located in Ansan-si.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and may extend the date by an agreement between the parties concerned in special circumstances;

Nevertheless, the defendant at the above workplace on October 7, 2013.

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