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(영문) 부산지방법원 동부지원 2018.06.07 2017고단1249

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On September 27, 2017, the Defendant was sentenced to one year and six months of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, etc. at the Busan High Court on September 27, 2017, and the said judgment became final and conclusive on December 1, 2017.

1. The Defendant in violation of the Labor Standards Act is the actual operator of D in Busan Shipping Daegu C or D Co., Ltd. on the fourth floor, who ordinarily employs approximately 18 workers and operates an artificial complex construction business.

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.

Nevertheless, the defendant worked at the above workplace from March 1, 2016 to July 12, 2016, and then retired workers E's wages of KRW 1,879,870 on June 6, 2016, and KRW 2,533,934 on July 2016, as well as KRW 2,54,064 on July 1, 2016, and KRW 237,276,114 on the total wages of 62 workers, as shown in attached Table 1 of the List of Crimes, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

2. The Defendant violating the Act on the Guarantee of Retirement Benefits for Workers is an employer who runs a wholesale and retail business with the trade name of approximately 40 workers who are G from the south-gu Busan Metropolitan Government F and the seventh floor.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Nevertheless, the Defendant employed the said workplace as an employee from September 8, 2015 to October 25, 2016 and served as an agent for the employee H’s retirement pay from December 1, 2014 to October 13, 2016, and did not pay KRW 5,691,596, respectively, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

The defendant of "2017 Highest 1557" is the Busan High Court on September 27, 2017.