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(영문) 서울남부지방법원 2018.06.14 2017고단3807
근로기준법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant 2017 senior group 3807 is the representative of the Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., A, 1005, who has been engaged in the manufacturing industry with ten full-time workers.

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;

The Defendant, who was employed as an employee on July 16, 2015, did not pay KRW 21,341,521, the total amount of wages for E retired from office around May 11, 2017, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

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

The Defendant, who was employed by the said company on July 1, 2015 and worked as an employee on May 12, 2017, did not pay KRW 9,311,209 of retirement allowances to E retired from office on May 12, 2017 within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

The defendant 2017 senior group 5761 is the representative of the D Co., Ltd. in Geumcheon-gu Seoul Metropolitan Government A Dong 1005, who operates the card terminal manufacturing business, etc. using 10 full-time workers.

1. The Defendant violated the Labor Standards Act, including the fact that he/she worked in the above workplace from May 19, 2014 to May 10, 2017, and did not pay money and valuables of KRW 8,031,320, total sum of KRW 28,620,831, as stated in the list of crimes in the separate sheet of crimes, to two workers, respectively, within 14 days from the date of each retirement.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers in the above workplace, including the fact that the Defendant worked in the workplace from May 19, 2014 to May 10, 2017 and did not pay KRW 8,098,733 of the FF retirement pay from May 10, 2017, and the sum of two workers, as shown in the list of crimes in attached Form 20,173.

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