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(영문) 부산지방법원 동부지원 2020.02.06 2018고단2069

근로기준법위반등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2018 Highest 2069" is an employer who is a person in charge of the business of operating motor vehicle parts manufacturing business using 43 workers under the trade name of (main) C in Busan-gun B.

When a worker retires, the employer shall pay the wages or any other money or valuables within 14 days after the cause for such payment occurs.

Provided, That the date of payment may be extended by the agreement between the parties if special circumstances exist.

Nevertheless, the Defendant is working as a production worker from January 1, 2015 to November 30, 2017.

Wages from January 2018 to August 2018, and wages from January 2017 to February 2, 2017, including bonuses, year-end refund, retirement allowances, etc., were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline between the parties concerned, including KRW 4,911,283 of retirement allowances for retired workers D and KRW 80,640,117.

The defendant of "2018 Highest 2486" is an employer who is a person in charge of the business of operating motor vehicle parts manufacturing business using 43 workers under the trade name of (main) C in Busan-gun B.

When a worker retires, the employer shall pay the wages or any other money or valuables within 14 days after the cause for such payment occurs.

Provided, That the date of payment may be extended by the agreement between the parties if special circumstances exist.

Nevertheless, the Defendant is working from September 4, 2018 to October 31, 2018.

A retired worker E’s total of KRW 5,723,577, including KRW 23,322,916, including KRW 3,000,00 on September 2018, and KRW 3,000 on October 2018, and KRW 13,90 on other money and valuables, and KRW 5,723,577 on October 10, 2018, was not paid within 14 days from the date of retirement without any agreement on extension between the parties to the payment date.

The defendant of "2019 Highest 111" is a corporation located in Busan-gun B.