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(영문) 광주지방법원 2019.06.25 2018고단4648
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

1. The Defendant is the representative of the K company in the Northern-guJ in Gwangju-si, who runs the manufacturing business by employing 30 full-time workers.

2. 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.

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

Nevertheless, the Defendant is working from July 1, 2014 to July 31, 2018 at the above workplace.

L's wage of KRW 1,449,430 for May 1, 2018, including that the amount of KRW 4,449,430 for retirement is not paid within 14 days from the date of retirement, and as shown in attached Table 1, the total amount of L's wage of KRW 4,440,720, and from April 1, 2016 to July 31, 2018.

The total amount of wages of retired M shall be 4,406,590 won, and shall be from October 10, 2016 to March 25, 2019.

The total amount of wages of the retired N 12,982,760 won was not paid within 14 days from the date of each retirement without any agreement on the extension of the due date with the above parties.

3. Violation of the Guarantee of Workers' Retirement Benefits Act;

(a) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant is working from April 1, 2016 to July 31, 2018 at the same place of business, such as written in the list of crimes 1.

Retirement pay of Ma 3,639,323 won, October 10, 2016 to March 25, 2019.

7,057,108 of retirement allowances of retiredO was not paid within 14 days from the date of each retirement.

(b) Where an employer has unpaid contributions to a participant of a defined contribution plan when he/she retires, the employer shall pay unpaid contributions within 14 days from the date of such retirement;

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