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(영문) 수원지방법원 평택지원 2015.06.18 2014고단958
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

[2014 High Class 958] The Defendant is a C representative director in Pyeongtaek-si B, who runs a construction business using 11 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, at the above workplace from February 5, 2013 to September 15, 2013, did not pay 32,895,000 won in total, including 4,400,000 won in wages, other money, etc. of retired workers D, and other money, etc. of retired workers, within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as stated in the attached crime list.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, at the above workplace from October 7, 2010 to August 10, 2012, served as retirement allowance of retired workers E and served as retirement allowance of workers E, from June 7, 2011 to September 2, 2013, and did not pay KRW 12,004,465, respectively, within 14 days from the date of retirement, without agreement between the parties to the extension of the due date.

[2015 Highest 175]

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked for the said company at the construction site of Pyeongtaek-si G new building built by the said company, from September 4, 2013 to November 18, 2014, and for two workers, including the amount of KRW 5,470,000, and the amount of KRW 5,470,000, and the amount of KRW 7,389,650, etc., of the retired workers I, from September 4, 2013 to November 18, 2014.

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