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(영문) 청주지방법원 2018.08.30 2017고단1583
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant 1583 of "2017 Highest 1583" is an employer who runs the mutual aid operation of livestock products by ordinarily employing 11 workers at C Co., Ltd. located in Cheongju-si B.

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;

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

Nevertheless, the defendant worked in the above workplace from April 1, 2014 to March 15, 2017, and did not pay the total of KRW 19,243,000 for three workers as shown in attached Table 1, as well as KRW 4,00,00 on January 1, 2017 retired from the workplace, within 14 days from the date of retirement, without agreement between the parties.

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.

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

Nevertheless, the defendant worked in the above workplace from April 1, 2014 to March 15, 2017, and did not pay the total of KRW 11,846,500 for two employees, such as the retirement allowances of KRW 11,846,505, which were retired, within 14 days from the date of retirement without agreement between the parties.

The defendant 2017 Highest 2065 is the employer who runs the mutual aid operation of livestock products by ordinarily employing 10 workers at C Co., Ltd. located in the petition-gu B at Cheongju-si.

(a) When a worker dies or retires, the employer shall pay wages, compensations, and other allowances within 14 days after the cause for such payment occurred;

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