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(영문) 서울중앙지방법원 2019.07.18 2019고단1979
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The Defendant is the representative of the Seocho-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., which is the fiveth floor of the Seocho-gu Seoul Metropolitan Government, and is an employer who runs a market development project, etc. using approximately 15 regular workers.

When a worker retires, the employer shall, except in extenuating circumstances, pay the wages, compensations, and other money or valuables within 14 days thereafter, and the retirement allowances shall also be paid within the said period.

However, the Defendant did not pay four workers’ wages and retirement allowances who were employed by the said company from August 8, 2016 to August 17, 2018 within 14 days from the date of retirement without agreement between the parties on the extension of the due date, including the amount of KRW 4,750,00 for July 2018 of the retired workers D, and the amount of KRW 4,796,93 for August 2018 and the amount of KRW 9,764,76 for retirement allowances from August 2018, and the Defendant did not pay them within 14 days from the date of retirement without agreement on the extension of the due date.

The Defendant is the representative of the Seocho-gu Seoul Metropolitan Government Co., Ltd. in the fiveth floor of the Seocho-gu Seoul Metropolitan Government, who is an employer who runs a market development project, etc. using approximately 15 regular workers.

When a worker retires, the employer shall, except in extenuating circumstances, pay the wages, compensations, and other money or valuables within 14 days thereafter, and the retirement allowances shall also be paid within the said period.

However, from December 1, 1994 to August 31, 2018, the Defendant did not pay the wages and retirement allowances of 5,862,50 won and retirement allowances of 113,251,548 won from August 2018 to 14 days from the date of retirement without an agreement between the parties on the extension of the due date, and did not pay the wages and retirement allowances of 3 employees within 14 days from the date of each retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. The defendant's statement in court;

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