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(영문) 창원지방법원 밀양지원 2020.02.04 2019고단309

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of "2019 Highest 309" is a person who ordinarily employs 5 to 7 workers and operates metal surface painting business in the name of Da and D from Gyeong-gun to Gyeongnam-gun.

1. An employer in violation of the Labor Standards Act shall, in case where a worker dies or retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred, except in case where the parties concerned agree on the extension of the due date; and

Nevertheless, the Defendant did not pay the total of KRW 11,60,000 for E’s wages of 21 workers, as stated in the attached list of crimes, as well as KRW 156,079,921, which worked in the above workplace from September 1, 2002 to November 30, 2017, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

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 from the date when any cause for such payment occurred, except in case where there exists an agreement between the parties on the extension

Nevertheless, the Defendant did not pay KRW 92,018,443, respectively, within 14 days from the date of retirement, as stated in the attached list of crimes, including KRW 43,737,047, and the total amount of KRW 92,018,443, as well as KRW 43,00,00,000, which worked from September 1, 2002 to November 30, 201.

The defendant of "2019 Highest 427" is a person who has engaged in the manufacturing business under the trade name of "D" in Gyeong-Gun.

An employer shall pay wages, compensations, and all other money and valuables within fourteen days from the date when a cause for such payment occurred, except when an agreement is reached between the parties to the extension of the due date.

Nevertheless, the Defendant is working in the foregoing workplace from April 30, 2018 to June 30, 2018.

As wage of 200,000 won in June 2018, retired FF(F, China) is working for the same period of thought.