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(영문) 수원지방법원 2020.04.23 2019고단2139
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.

Reasons

Punishment of the crime

The defendant of "2019 Highest 2139" is the representative of E in Gyeonggi-si D, who runs a manufacturing business by employing 13 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and other valuables, and retirement allowances within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from May 2, 2016 to August 31, 2018 at the above workplace.

From March 2018 to August 2016, the retired F, including the total of KRW 17,20,00,00, retirement allowance of KRW 6,850,50,506, total of KRW 24,050,506, and the total of KRW 39,197,405, and the total of KRW 21,61,802, including the total of KRW 17,200,000, and KRW 24,050,506, were not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

The Defendant is the actual operator of the building D in Gyeonggi-do and H in Gdong, who runs the manufacturing industry using five regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 13,819,433 of the two workers’ wages, including KRW 5,611,733, as shown in the attached Table 2 of the Crimes List, as shown in the following: (a) the total amount of wages of KRW 1,647,188, which was paid in March 21, 2018 to June 30, 2018, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

b)a summary of the evidence;

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