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(영문) 의정부지방법원 2018.05.02 2017고단3566
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

"2017 Highest 3566, the Defendant, as the representative director of the Sinbuk-gun B (ju), was an employer who runs a construction enterprise with 26 full-time workers, and C (ju) was awarded a subcontract for the F works in Gyeonggi-si E from (ju) D.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant, employed by the Defendant and worked from April 1, 2015 to November 30, 2016, did not pay KRW 243,890,104 of the wages of 26 workers within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment period, as shown in attached Table 1 re-case 1.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant, as employed by the Defendant, did not pay KRW 6,102,882 of G retirement pay from April 1, 2015 to November 30, 2016, as well as KRW 103,211,539, total of 15 employees, as shown in attached Table 1, as in attached Table 1, did not enter into an agreement on the extension of the payment date between the parties concerned, within 14 days from each retirement date.

The defendant of "2018 Highest 595" is a representative director of the Da Co., Ltd. in the Gyeongbuk-gun B, who employs 40 full-time workers and operates a construction business.

When a worker dies or retires, the employer shall, unless there exists an agreement between the parties on the extension of the payment deadline, cause for such payment.

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