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(영문) 수원지방법원 2018.06.08 2017고정2756

근로기준법위반등

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1. As to the violation of each Labor Standards Act with respect to workers B among the crimes No. 1, 3, and 4 of the judgment of the defendant and the crimes No. 2 of the judgment of the court below.

Reasons

Punishment of the crime

[criminal records] On June 10, 2016, the Defendant was sentenced to two years of suspension of execution on December 30, 2016, by obstructing the execution of official duties at the Suwon Friwon, and the above judgment was finalized on December 30, 2016. On May 10, 2017, the same court was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Tax Evaders Act, etc., and the said judgment became final and conclusive on October 11, 2017.

[1] Criminal facts 1. 2017 High 2756, the Defendant is an employer who employs 7 full-time workers and engages in the distribution business as a manager of the marina room located in Suwon-si D.

When a worker dies or retires, the employer 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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of KRW 1,752,800 for retired workers, including the total of KRW 1,752,800, who worked in the said workplace from November 3, 2016 to December 13, 2016, and KRW 819,800 for those who worked in December 1, 2016 from December 1, 2016 to December 10, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. The Defendant 2017 High 2893, who is the actual representative of Suwon-si, Inc. IM in Suwon-si H, who ordinarily employs six full-time workers and operates wholesale and retail business.

(a) 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 date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from June 6, 2016 to December 8, 2016, worked for the period of 2,170,000 won in November 2016, and for the period of 2,57,097,096 won in December 2016, and for the period of 387,09,096 won in December 2016, and for the period from January 9, 2017 to January 26, 2017.