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(영문) 서울동부지방법원 2019.03.21 2018고단3436
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The Defendant, 15 full-time workers of Songpa-gu G and the fourth floor, operates the “StateH”, a software developer.

1. Where an employer in violation of the Labor Standards Act dies or retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date when the cause for such payment occurred. However, the Defendant did not pay KRW 25,478,351 in total, including KRW 15,478,351, which is the sum of KRW 3,478,351, August 1, 2017 of I, and KRW 15,478,351, as shown in attached Table 1, 2, and 3, including KRW 25,478,351, which is the sum of two workers’ wages, within 14 days from the date when the cause for such payment occurred without an agreement on the extension of the due date between the parties.

2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act, when a worker retires, has paid retirement allowances within 14 days from the time when the cause for such payment occurred, but the Defendant, while working from September 1, 2015 to November 30, 2017, did not pay 12,649,777 won in total as stated in the [Attachment 2] No. 1st 2,30 of the retirement allowances of two workers as stated in the [Attachment 2] list 1st 2, and 3, without any agreement on extension of the due date between the parties.

The Defendant of Songpa-gu Seoul Metropolitan Government 4th floor of G with 15 full-time workers working for 2018 high-level 3731. The Defendant is operating the “H”, a software developer.

1. An employer in violation of the Labor Standards Act shall, where a worker dies or retires, pay all money and valuables, such as wages, within 14 days from the time when the cause for such payment occurred. However, the Defendant, who retired from office after having worked from office from February 15, 2016 to January 31, 2018, without an agreement on the extension of the payment period between the parties concerned, as shown in Appendix 2, 39,340,000, including the wages of KRW 500,000 on February 15, 2016.

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