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(영문) 창원지방법원 마산지원 2017.02.08 2016고단712

근로기준법위반등

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A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

[2016 Highest 712] The Defendant is a representative director of G Co., Ltd. G in Gyeongnam-gun F, who runs an industrial plant manufacturing business using ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

In doing so, the Defendant, as described in attached Form 1 (State), did not pay the total of KRW 4.4 million of the wages of the retired worker H while working as an entertainment worker from June 10, 2015 to November 28, 2015 at the above workplace, as stated in attached Form 1 (State), within 14 days from the date of the occurrence of the relevant payment cause, without any agreement on the extension of the payment period between the parties.

[2016 Highest 843] The Defendant is a representative director of G Co., Ltd. G located in Gyeongnam-gun F, who runs an industrial plant manufacturing business using ten full-time workers.

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

However, Defendant 1 worked as the head of the production management division from September 10, 2015 to November 14, 2015 and did not pay 10,737,000 won in total, including 1.6 billion won per annum of the employee I retired from office and 2,3,4,50 won per annum of the amount of delayed payment for each individual in attached Form 2 ( state), as shown in attached Table 2 (2), 3, 4, and 5, including I, J, K, and L, within 14 days from the date of his/her retirement, without any agreement on the extension of the due date of payment between the parties.

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